Sentences with phrase «parties achieve an agreement»

Each spouse retains their own collaborative attorney, who spends all of his or her time and resources on helping the parties achieve an agreement, and who is contractually prohibited from wasting any time or money preparing for a bitter trial.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
For example, the expected timing and likelihood of completion of the proposed merger, including the timing, receipt and terms and conditions of any required governmental and regulatory approvals of the proposed merger that could reduce anticipated benefits or cause the parties to abandon the transaction, the ability to successfully integrate the businesses, the occurrence of any event, change or other circumstances that could give rise to the termination of the merger agreement, the possibility that Kraft shareholders may not approve the merger agreement, the risk that the parties may not be able to satisfy the conditions to the proposed transaction in a timely manner or at all, risks related to disruption of management time from ongoing business operations due to the proposed transaction, the risk that any announcements relating to the proposed transaction could have adverse effects on the market price of Kraft's common stock, and the risk that the proposed transaction and its announcement could have an adverse effect on the ability of Kraft and Heinz to retain customers and retain and hire key personnel and maintain relationships with their suppliers and customers and on their operating results and businesses generally, problems may arise in successfully integrating the businesses of the companies, which may result in the combined company not operating as effectively and efficiently as expected, the combined company may be unable to achieve cost - cutting synergies or it may take longer than expected to achieve those synergies, and other factors.
This included circumscribing commitments covering cultural products, which was achieved through an exchange of side letters with the other parties, and reflecting elements of the progressive trade agenda of the Liberal Trudeau government, including through the change in the name of the agreement, a side letter eliciting strengthened labour commitments by Vietnam, and side letters acknowledging traditional knowledge.
«It depends on the documents, but if as I believe the agreement between John Haggerty and the Independence Party gave Haggerty the discretion to spend that money and achieve the goal... people don't remember how important white turnout was in the outer boroughs in a very, very narrow election win for Mike Bloomberg.
Hanging on in power by a thread through a delicate agreement with the DUP, the party must broaden its electoral appeal in order to achieve the healthy parliamentary majority it so dearly craves.
The Welsh Liberal Democrats have been campaigning for work on the South Wales Metro system to start immediately: something the party achieved in its budget agreement with the Welsh Government.
After an initial flop produced the usual deadlock, the coalition will attempt another big push to achieve a «detailed agreement» on party funding.
And now it will be much harder to achieve the Coalition Agreement pledge that the composition of the Lords should be adjusted to reflect party votes at the last election.
What we're going to get... is a decision that we need new runway capacity and then we're going to seek to achieve a political agreement across the parties on where that should be.»
It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
While the parties tried to achieve a multi-year agreement, only a one year agreement was able to be reached.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
There will also be a global stocktake every 5 years to assess the collective progress towards achieving the purpose of the Agreement and to inform further individual actions by Parties.
«(A) the United States is a party to a bilateral or multilateral agreement or arrangement that includes the country in which the project or measure achieving the relevant greenhouse gas emission reduction or avoidance, or greenhouse gas sequestration, has occurred;
Article 6 of the Paris Agreement recognizes that countries may engage in different forms of international cooperation to achieve climate goals, and prescribes broad conditions for such cooperation if it is to count toward achievement of parties» nationally determined contributions...
The Paris Agreement was a major step forward for international cooperation on tackling climate change; not only did Parties agree to the ambitious mitigation goal of limiting average global temperature increase to well below 2 °C, but they also agreed to a wide array of processes and tools aimed at achieving this goal.
Having nearly all parties to the Paris Agreement sign it last Earth Day was a critical move that shows how countries are able to work together to reduce the impact of climate change and achieve a sustainable future for the next generation.
COP21, also known as the Paris Climate Conference, brought parties together to achieve a universal goal on climate: keeping global warming below 2 ° C. «This is by far the largest number of countries ever to sign an international agreement on a single day,» stated the UN Secretary General Ban Ki - Moon.
Mitigation (Art. 4)-- The Paris Agreement establishes binding commitments by all Parties to prepare, communicate and maintain a nationally determined contribution (NDC) and to pursue domestic measures to achieve them.
Welcomes the agreement achieved by the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol on its work pursuant to decisions 1 / CMP.1, 1 / CMP.5 and 1 / CMP.6 in the areas of land use, land - use change and forestry (decision - / CMP.7), emissions trading and the project - based mechanisms (decision - / CMP.7), greenhouse gases, sectors and source categories, common metrics to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks, and other methodological issues (decision - / CMP.7) and the consideration of information on potential environmental, economic and social consequences, including spillover effects, of tools, policies, measures and methodologies available to Annex I Parties (decision - / CMP.7);
Monsieur Fabius has said that to achieve a strong agreement we need a transparent and inclusive process, not only among the Parties to the Convention, but also with members of Civil Society.
«The Paris Decision, serving as guidance for the implementation of the Paris Agreement and pre-2020 action, «strongly urges developed country Parties to scale up their level of financial support, with a concrete roadmap to achieve the goal of jointly providing USD 100 billion annually by 2020 for mitigation and adaptation» (para 115).
On the funding and fees mitigation front, a successful result was achieved by vendor assistance through term loan notes to provide funding for part of the purchase price, and by the parties» collaboration in securing continuation of the existing banking facilities through inter-party agreements with the Bank.
An exception should only be found where the documents sought are both relevant, and necessary in the circumstances of the case to achieve either the agreement of the parties to the settlement, or another compelling or overriding interest of justice.
The parties did not have a common intention about what the agreement was intended to achieve: the wife sought financial security, whereas the husband wanted to protect his pre-owned assets.
Such an agreement is a good alternative to litigation and a way for the parties to achieve an optimum result for themselves with the upmost control of the process.
, the parties to an outsourcing relationship will establish specific metrics to be achieved by the supplier in performing services under the agreement, e.g. 99.99 % server uptime in an infrastructure outsourcing or a call abandonment rate of less than 6 % for help desk services.
My previous posting examined three issues relating to confidentiality obligations in an outsourcing agreement where care and attention may be needed to ensure that the parties achieve the results they are intending.
Providing language in the agreement that acknowledges that the parties understand the terms and their legal effects may also be helpful in achieving this goal.
Rectification is limited to cases where the agreement between the parties was not correctly recorded in the instrument that became the final expression of their agreement; it does not undo unanticipated effects of that agreement: ``... a court may rectify an instrument which inaccurately records a party's agreement respecting what was to be done, it may not change the agreement in order to salvage what a party hoped to achieve».
I envision that the Act will lead professionals who work with families to achieve the goals of this Act which include: • to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court; and
The very worst case scenarios I've seen are when written or oral agreements are phrased in such a way as to fail in achieving what the lawyer wants, even when the other party is prepared to give it to them, and when the lawyer in question can't understand the law they're reading.
Mr. Finkelstein summarized the position of the plaintiff as follows: a party can not exercise a discretionary power to terminate an agreement in order to achieve an extra-contractual goal (in this instance, to force a merger between Mr. Bhasin's agency and Mr. Hrynew's agency).
This is in line with commonly used «entire agreement» clauses, which seek to achieve the same result by providing confirmation that the parties did not rely on any pre-contractual representations.
The Legal Ombudsman works to achieve informal resolution of complaints by facilitating a mutually agreeable solution between the parties, but also can make formal directions against lawyers where agreement can not be reached.
Grammatical games of the kind played by the CRTC make the enforcement of agreements to achieve results consonant with the expectations of the parties subject to a dangerous degree of randomness with consequent largely unmanageable risks for the solicitors involved.
* Secure preservation of high - value institutional materials by making explicit roles and responsibilities across organizational boundaries * Develop preservation strategies that assign responsibilities for achieving outcomes - Service - level agreements, MOUs with third - party archives should include contingency plans for handoffs; and putting such monitoring systems in place internally.
During a global mediation, both parties signed an agreement to achieve litigation peace.
The five - year Agreement commits both parties» to achieving better outcomes for Indigenous people in the Northern Territory.
The agreement identifies the shared goal of the parties and divides the responsibilities and work necessary to achieve it.
This is because these agreements are not necessarily tied to the restricted legal nature of native title rights, but can be directed to outcomes that parties want to achieve.
This can be achieved through building on existing skills, appropriate governance structures, incremental agreement making, and assistance from NTRBs, governments and third parties so that the group can identify and work towards its social and economic development goals.
It is unrealistic to expect this type of agreement to be achieved in a short time between parties who do not have good working relations, and preferable to focus on smaller scale agreements in the early stages.
The condition does emphasise the need for native title parties to not only achieve agreement with council respondents, but with other respondents as well — most importantly the state.
This level of communication is crucial for the collaborative goal of achieving a workable, fair agreement between the parties on all matters related to their no longer being life partners.
Many governments are not yet clear what they want native title agreements to achieve, either for the claimant group or other parties.
He further commented that «[t] he framework has come about because of the commitment by both parties to work together, to achieve greater understanding of each other's positions, and make considerable compromises to reach agreement».
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