Sentences with phrase «party in the right circumstances»

Costs can be denied, or even awarded to the losing party in the right circumstances.

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.

In those circumstances where divorce is right, so is the remarriage of the «innocent» party, if such innocence can be determined.

In addition, Innovative Dining Group may disclose personally identifiable information about you to other companies or individuals in the following circumstances: - Innovative Dining Group utilizes third party service providers to provide products, services or functions on IDG's behalf (such as sending emails or processing credit cards or fulfilling orders placed online) and asks these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose (s) for which we retained them; - Innovative Dining Group needs to protect its legal rights (e.g., if Innovative Dining Group is trying to collect money you owe); - Innovative Dining Group must comply with applicable laws, regulations or legal or regulatory processes; - Innovative Dining Group has reason to believe that someone may be causing injury to someone or interfering with - In connection with a sale, merger, transfer, exchange or other disposition of all or a portion of the business conducted by the web sitIn addition, Innovative Dining Group may disclose personally identifiable information about you to other companies or individuals in the following circumstances: - Innovative Dining Group utilizes third party service providers to provide products, services or functions on IDG's behalf (such as sending emails or processing credit cards or fulfilling orders placed online) and asks these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose (s) for which we retained them; - Innovative Dining Group needs to protect its legal rights (e.g., if Innovative Dining Group is trying to collect money you owe); - Innovative Dining Group must comply with applicable laws, regulations or legal or regulatory processes; - Innovative Dining Group has reason to believe that someone may be causing injury to someone or interfering with - In connection with a sale, merger, transfer, exchange or other disposition of all or a portion of the business conducted by the web sitin the following circumstances: - Innovative Dining Group utilizes third party service providers to provide products, services or functions on IDG's behalf (such as sending emails or processing credit cards or fulfilling orders placed online) and asks these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose (s) for which we retained them; - Innovative Dining Group needs to protect its legal rights (e.g., if Innovative Dining Group is trying to collect money you owe); - Innovative Dining Group must comply with applicable laws, regulations or legal or regulatory processes; - Innovative Dining Group has reason to believe that someone may be causing injury to someone or interfering with - In connection with a sale, merger, transfer, exchange or other disposition of all or a portion of the business conducted by the web sitIn connection with a sale, merger, transfer, exchange or other disposition of all or a portion of the business conducted by the web site.

Disclosures Founding Moms will not disclose any of your personal information to third parties without your permission except in the following circumstances: (i) to investigate and defend Founding Moms against any third party claims or allegations or otherwise to protect Founding Moms from liability, (ii) to investigate, prevent or take action regarding suspected or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process or comply with the law, (iv) to exercise or protect the rights, property or personal safety of the users of the Service and / or (v) to protect the security or integrity of the Service.

Los Angeles lawyers who specialize in reproductive law will know that all of the parties involved will feel more comfortable if the law recognises that the intended parents will have legal rights to the child under any and all circumstances.

In certain circumstances, she might be asked to make concession by the EU which would cause anger among right - wingers in her own party, Ukip and the eurosceptic presIn certain circumstances, she might be asked to make concession by the EU which would cause anger among right - wingers in her own party, Ukip and the eurosceptic presin her own party, Ukip and the eurosceptic press.

In exceptional circumstances, where third party rights are reserved, it must be so done expressly.

«Personally, in current circumstances, I would be fairly relieved to see the more respectable minor parties - especially the Greens, but also non-racist right - wing anti-politics parties like Ukip or Libertas (however much I disagree with them) doing well in a «protest election» if it meant the BNP did not surge.»

What the Labour Party should be saying is restorative justice is an extremely valuable tool, but much as you wouldn't use a hammer to put a screw into the wall, actually it's about using the right tool in the right circumstances.

Cars.com expressly reserves the right to release any personally identifiable information or other information you provide to third parties under the following circumstances: (a) when required by law or legal process, (b) to investigate and / or take action against illegal activity, suspected abuse or unauthorized use of the Site, (c) to protect the property or safety of our users or others, (d) to enforce our Terms of Service and (e) in connection with any sale or other transfer of ownership of all or a part of Cars.com.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

The Act stipulates who can obtain a copy of a credit report and in what circumstances, It also insures that the information displayed is protected and accurate, and all that parties (consumers and creditors) have rights and responsibilities.

You only have legal rights if you're a party to the agreement in question or if the law gives you some special rights specific to given circumstances.

The Merger Agreement contains certain termination rights for both VaxGen and OXiGENE, and further provides that, upon termination of the Merger Agreement under specified circumstances, including by VaxGen to pursue a superior transaction, as defined in the Merger Agreement (including a liquidation), or by OXiGENE to pursue a financing transaction with net proceeds of least $ 30 million, either party may be required to pay the other party a termination fee of $ 1,425,000 and to reimburse the other party's expenses up to $ 325,000.

You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and / or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

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

On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.

Munby J reviewed the case law and clarifi ed that the requirement for the circumstances to be exceptional was, in his view, appropriate at one end of the McKenzie friend spectrum where one party was assisted by a «professional McKenzie friend», holding himself out as an advocate, but not at the other end (though this could change depending on the circumstances), such as in Clarkson v Gilbert (Rights of Audience)[2000] 2FLR 839, [2001] All ER (D) 317 (Feb) where a husband seeks to assist his unwell wife.

Which of these options is the right one in the circumstances will depend on more than just the parties» objectives for the price reduction.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

It is the communication in confidence to another interested party [in circumstances giving rise to a common interest] that requires the privilege to be available in respect of the document in his hands, whether or not he had the right to require that the document be disclosed to him.

Those approached for disclosure must be aware of their obligations to facilitate a fair trial under the provisions of Art 6 of the European Convention on Human Rights, especially if the third party is a local authority, which will require those tasked for disclosure of documentation to act reasonably in all the circumstances of the application.

In the same passage, Justice Rothstein stated that the parties» interests in the conclusion of inquiries in a timely manner, in being kept informed, and in the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstanceIn the same passage, Justice Rothstein stated that the parties» interests in the conclusion of inquiries in a timely manner, in being kept informed, and in the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstancein the conclusion of inquiries in a timely manner, in being kept informed, and in the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstancein a timely manner, in being kept informed, and in the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstancein being kept informed, and in the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstancein the effect of automatic termination of privacy investigations all fell within the commissioner's role, which «centres upon balancing» the rights of individuals to privacy with organizations» needs to disclose information in certain circumstancein certain circumstances.

If your divorce is final, but your circumstances have changed, or if there are concerns that one of the parties to a divorce is not abiding by the terms of a custody, visitation or support agreement, you want an experienced lawyer to protect your rights in a modification or enforcement proceeding.

It is of course physically possible for you to draft your own separation agreement, but without lawyers to represent each party and explain to them their rights, risks and obligations, a judge will not be able to ensure the circumstances under which the agreement was signed were appropriate and therefore will probably not enforce the agreement if it was challenged in the courts.

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

«(iii) Where (and only where) there is a reasonable belief that there are no other means whatsoever whereby a breach of the peace or imminent breach of the peace can be obviated, the lawful exercise by third parties of their rights may be curtailed by the police; (iv) this is a test of necessity which it is to be expected can only be justified in truly extreme and exceptional circumstances; and (v) the action taken must be both reasonably necessary and proportionate.»

Lord Justice Arden held that: «In my judgment cl 9.3 confers a right on the party... to terminate the agreement in the circumstances described in that clausIn my judgment cl 9.3 confers a right on the party... to terminate the agreement in the circumstances described in that clausin the circumstances described in that clausin that clause.

Generally speaking a party to an action has the right to attend the entire trial or the examinations for discovery of other parties to the action and exclusion of a party is an uncommon event, but appropriate in some circumstances.

In addition, a requirement of disclosing protected health information to a third party is not a necessary substitute for the right of access to individuals, because we allow denial of access to individuals under rare circumstances.

Other circumstances, such as disclosure in connection with a party's internal approval processes, may arguably be shoehorned into agreement provisions relating to «performance of the receiving party's rights or obligations» (so long as the reviewers or approvers fall into the permitted class of individuals to whom information may be disclosed under the agreement).

Lord Rodger relied upon Bankovic v Belgium (Application 522507 / 99)(2001) 11 BHRC 435, where the Grand Chamber of the European Court of Human Rights (ECtHR) held at para 65 that the scope of Art 1 is «determinative of the very scope of the contracting parties» positive obligations and, as such, of the scope and reach of the entire convention system of human rights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case&rRights (ECtHR) held at para 65 that the scope of Art 1 is «determinative of the very scope of the contracting parties» positive obligations and, as such, of the scope and reach of the entire convention system of human rights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case&rrights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case».

The backgrounder states that a broader reading of the decision actually confers a more limited right, based on the factual circumstances of the parties in that case.

There are no special circumstances in this case that justify the use of scarce judicial resources to resolve the appeal: it will not have a practical effect on the rights of the parties; it does not entail an important issue that might independently evade review or of which a resolution is in the public interest; and the appeal is not of jurisprudential importance.

SimplyInsured may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law, comply with legal process served on SimplyInsured, or take precautions against liability; (2) protect SimplyInsured and others from fraudulent, abusive, predatory, or unlawful uses or activity; (3) investigate and defend SimplyInsured against any third party claims or allegations; (4) protect and defend the rights or property of SimplyInsured; or (5) act in urgent circumstances to protect the personal safety of users of SimplyInsured, the Service, or the public.

You all will have much better luck getting the airline to waive the cancelation policy in a circumstance like this (at least they don't flat out disregard the customers privacy rights) then you would be going through a 3rd party vendor like this who measures bottom lines and fiscal year profit reports on policy purchases vs adjudicated claims.

Further, the 1998 amendments to the NTA maintain a requirement that the government negotiate in good faith with native title parties and miners in those remaining circumstances where the right to negotiate continues to operate.

In some circumstances, native title parties have a right to negotiate in relation to future land use but where the parties don't agree, the National Native Title Tribunal makes a rulinIn some circumstances, native title parties have a right to negotiate in relation to future land use but where the parties don't agree, the National Native Title Tribunal makes a rulinin relation to future land use but where the parties don't agree, the National Native Title Tribunal makes a ruling.

States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms.

The Commission is concerned that a minimum standard will encourage parties to only provide the minimum — even in circumstances where they are in a position to offer higher than the minimum, and the affect on the exercise and enjoyment of Indigenous peoples human rights, and the impact to their lands and waters, should be reflected in greater compensation.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its ordeIn making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its ordein such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its ordein value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its ordein order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its ordein its order.