Sentences with phrase «other contract provisions»

- Mandatory arbitration and other contract provisions limiting consumer access to justice should be banned.

«Both Labor and Management go to the bargaining table in good faith to reach a fair agreement - health care benefits will always be affected by cost and the give and take of other contract provisions.

Not exact matches

If you're a developer and you're able to establish that the contract was presented to the person and he had a reasonable chance of going through it and agreeing to the terms, then technically if all other provisions are valid in the contract, it should remain enforceable.

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.

Also, more controversial provisions — such as requirements to execute enforceable written contracts under the Best Interest Contract and Principal Transactions Exemption, and changes to PTE 84 - 24 (other than the addition of the Impartial Conduct Standards)-- are not applicable until January 1, 2018, while the Department is honoring the President's directive to take a hard look at any potential undue burdens and decides whether to make significant revisions.

(132,000 / 1,040,000) * 100 = 12.69 % return Estimated Return: $ 132,000 It's critical to note that there is a provision in the XBT futures contract, stipulating that the Final Settlement Value might not be the Gemini Exchange Auction price if it falls outside of Gemini's parameters or «the normal settlement procedure can not be utilized due to a trading disruption or other unusual circumstance.»

What you may not have realized is that it is not bitcoin that will change our lives, but other applications of blockchain technology in areas such as payments, contracts and the provision of government services.

Violations of the confidentiality provisions of this Agreement will be reported to the Mystery Shopping Providers Association and could adversely affect your ability to contract with other MSPA member companies.

The Abortion Act has a clear provision to respect the conscience of staff: «No person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection.»

In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Those changes include empowering Comptroller Tom DiNapoli's office to review all SUNY and Office of General Services contracts of more than $ 250,000, block state - affilaited entities from doing business with their boards of directors and creation of a database of deals to show the total value of subsidies and other inducements awarded to businesses as well as provisions for clawing the money back.

The unexpended balance of each appropriation, less the commitments outstanding at the close of the fiscal year for which it was made, shall lapse at the close of such fiscal year; provided that nothing herein contained shall be construed to require the lapsing of appropriations which may be or are required to be made for an indefinite period or which include state refunds, allocations or grants applicable to said appropriations pursuant to any other provisions of law; and provided further that nothing herein shall be construed to prevent the making of appropriations or contracts for the construction of permanent public improvements or works not to be completed during the fiscal year, or the acquisition of property therefor, or the establishment of bond or capital accounts, sinking funds or reserve funds, and each such appropriation, account or fund shall continue in force until the purpose for which it was made shall have been accomplished or shall have been abandoned by a two thirds vote of the County Legislature.

No County officer, employee, department or other administrative unit or subdivision thereof, or other spending agency shall, during a fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which, by its terms, involves the expenditure of money for any of the purposes for which provision is made in the budget in excess of the amounts appropriated for such fiscal year or for any other purpose, except as otherwise provided in this code or the local finance law.

The bill passed by the Senate includes anti-nepotism provisions, today: · Prohibits gifts from lobbyists and their clients of more than nominal value, including travel, lodging and other expenses, and broaden the types of lobbying activities that lobbyists must disclose; · Prohibits elected government officials and candidates for elected local, state or federal office from appearing in taxpayer - funded advertisements; · Closes the «revolving door» loophole by prohibiting former legislative employees from directly lobbying the Legislature for two years, and expands the revolving door restrictions for Executive Chamber employees to preclude appearances before any state agency; · Prohibits non-legislative employees from using their authority or influence to «compel or induce» any other employee to make political contributions; · Prohibits state employees from participating in any personnel decision or contracting matter concerning a relative.

NNPC highlighted the need to introduce and provide clauses that will ensure easy review of provisions of the bill in response to economic, technical and other considerations, while disallowing legislation on issues bordering on contracts.

If these provisions are beneficial to union members, other contract terms have clear, adverse consequences for the education of students.

«Almost without exception, principals and faculty members talked to me about this [teacher contract] provision and the incredibly demoralizing effect it is having in combination with other legislative changes that happened this year.»

After the first 3 years, the contract may be renewed for a period not to exceed 3 years and shall contain provisions for dismissal during the term of the contract only for just cause, in addition to such other provisions as are prescribed by the district school board.

Governor Christie on Friday called for schools across New Jersey and the nation to emulate the performance - pay provisions in Newark's new teachers» contract, but some skeptics were asking how other districts could afford to follow suit.

-- The district will hire 600 more teachers for art, music, physical education, world languages and other «special» classes, and another contract provision stipulates that half of all new district hires must consist of laid - off members.

(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.

And for the past year, Governor Charlie Baker has failed to gain legislative approval to create «innovation zones» in which a select group of schools within a district would gain charter - school - like flexibility to extend school days and get around other teacher contract provisions.

To «opt - in» to chapter 2269, a charter school must amend its charter to include a statement expressly adopting the provisions of Texas Education Code, Chapter 44, Subchapter B, as the charter holder's process for awarding a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement to real property.

(5) establish uniform grant and contract requirements for programs * assisted under this title and certain other provisions of this ACT.

(b) Each grantee, covered organization, or covered suborganization under this part shall negotiate reformation of any contract, subcontract, lease, sublease, or other agreement to include any appropriate provision necessary to effect compliance with this subpart by July 17, 1980.

Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

For any claim, etc., made after 90 days, the rights of the parties shall be as determined by other provisions of this contract and by law.

The provision of dates and other specific information on this site does not form a contract with the viewer.

However, short contracts often omit other critical provisions.

A provision in Apple's contracts stipulated that if other retailers sold e-books for less, then e-books on Apple's platform had to be the same price.

What readers will observe is that most other ebook retailers are now offering at least selective discounts on HBG ebooks — which they have been allowed to do under the MFN relief granted more or less immediately by the DOJ settlement and provisions under pre-existing contracts (or relief granted while new agreements are being negotiated).

The Initiative's fresh look at standard book contracts has proven without doubt that provisions that would never be acceptable in other contexts have long been taken for granted in publishing agreements.

This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law.

«Like many other provisions in the contract, buyers and sellers have the option of keeping the new paragraph, changing it or striking it out completely — but at least the conversation is more likely to happen now.»

It is expressly agreed that notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser has been given in accordance with HUD / FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender, setting forth the appraised value of the property of not less than $.

Because it's a binding contract, you can enforce provisions in the lease with fees, fines, or other methods.

Effective June 19, 1996, an existing precomputed consumer credit transaction contract and a subsequent precomputed consumer credit transaction document may be consolidated provided that the consumer can not be required to consolidate the contracts as a condition for the extension of credit nor can the creditor be required to extend credit; and provided further, that if such contracts are consolidated, the annual percentage rate resulting from the consolidation can be no greater than the annual percentage rate on the prior existing consumer credit transaction contract nor can the consumer be charged any duplicate fees or expenses that originated in the existing consumer credit transaction contract, provided, however, that finance charges and other charges and fees rebated in accordance with applicable law and those charges as permitted by Section 5 -19-4 (f) and UCC filing fees or nonfiling insurance premiums in lieu thereof are excluded from this provision.

A loan contract, on the other hand, usually states the lender's right to recourse — such as foreclosure — in the event of default by the borrower; such provisions are generally absent in a promissory note.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to you or a third party unconnected with the provision of the arrangements, or as a result of failures due to unusual and extraordinary circumstances, and you suffer an injury or other material loss, we will offer you such prompt assistance as is appropriate in the circumstances.

At that point, Miss Guggenheim (that is, Peggy Guggenheim, as distinguished from the other Guggenheim museum) gave him a contract, commissioned a mural, and the contract made a monetary provision until we were able to come out here, you see.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

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.

A second issue is whether the substantive provisions of a contract are even handed, or strongly favor one side or the other, which seems to be what you are talking about and is not normally considered a «style» issue.

Is an arbitration clause which does not violate fundamental fairness rights a provision which is so unduly onerous that steps must be taken to draw it to the attention of other contracting parties?

In other words, is he automatically relieved of the duty to perform whatever is described in Provision A by virtue of the court's decision w / the father's contract.

Despite any other provision of this contract, this contract is subject to the statutory conditions in the Insurance Act respecting contracts of accident and sickness insurance.

Having decided as a matter of contract interpretation that the Luso mortgages are unambiguously excepted from coverage under Schedule B, we need not opine whether the motion judge was correct in concluding that Private Lending is also barred from recovery by an «Exclusions from Coverage» provision, which excludes from coverage loss or damage arising by reason of encumbrances, adverse claims, or other matters «created, suffered, assumed or agreed to by the insured claimant.»

122 Except where otherwise provided and where not inconsistent with other provisions of this Act, this Part applies to every contract of insurance made in Ontario, other than contracts of,