Sentences with phrase «party to an agreement where»

But, it does at least show what might be done to bring disputing parties to agreement where these factors are not present.

In a stock redemption plan funded by life insurance, each business owner is party to an agreement where the business purchases a life policy on the life of each business owner in an amount equaling their respective business interests.

Not exact matches

That means there's less than a year left for the two parties to come to an agreement or face a «cliff edge» scenario where ties between the U.K. and the EU are suddenly severed with no arrangement as to how to move forward outside WTO rules.

The broker then becomes a liaison between all parties involved, going back and forth, pulling everyone together to a point where they are all shaking hands over a loan agreement.

Co-packers, to protect themselves and their clients, sign confidentiality agreements where they promise not to divulge your recipe to third parties.

To deal with situations in parliamentary systems where no clear majority to support a government exists, two or more parties may establish a formal coalition government, commanding a clear majority of the parliamentary members, or a party might enter into less formal alliances or agreements with other parties, or individual members, to allow the minority government to stay in officTo deal with situations in parliamentary systems where no clear majority to support a government exists, two or more parties may establish a formal coalition government, commanding a clear majority of the parliamentary members, or a party might enter into less formal alliances or agreements with other parties, or individual members, to allow the minority government to stay in officto support a government exists, two or more parties may establish a formal coalition government, commanding a clear majority of the parliamentary members, or a party might enter into less formal alliances or agreements with other parties, or individual members, to allow the minority government to stay in officto allow the minority government to stay in officto stay in office.

AV will also force parties to admit where there is agreement between them, prising open our confrontational system so that similarities sometimes become as important as differences.

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.»

As a result of discussions and an agreement among the parties, the UFT has been assured that Klinsky and Victory is supportive of the rights of teachers to organize into a union and to bargain collectively in charter schools where Victory provides management and support services.

«We are discussing the merits of this compound, the [SMA] Project and its assets with a whole panel of external interested parties — foundations as well as companies — to see if we can establish a licensing agreement where this could be developed further,» says Rajan Ranganathan, head of the NINDS's Office of Translational Research.

French Foreign Minister Laurent Fabius (President of the Conference of Parties to the U.N. Framework Convention on Climate Change) on the «Paris Agreement,» where 195 nations and the European Union adopted a new climate change plan on Dec. 12

Each party («the Receiving Party») shall keep confidential this Agreement and any information (where such information is either marked as being confidential or might reasonably be assumed to be confidential such as, for example, financial information) disclosed to it by the other («the Disclosing Party») and shall not use the same for purposes other than in relation to the performance of the Receiving Party's obligations under this Agreeparty («the Receiving Party») shall keep confidential this Agreement and any information (where such information is either marked as being confidential or might reasonably be assumed to be confidential such as, for example, financial information) disclosed to it by the other («the Disclosing Party») and shall not use the same for purposes other than in relation to the performance of the Receiving Party's obligations under this AgreeParty») shall keep confidential this Agreement and any information (where such information is either marked as being confidential or might reasonably be assumed to be confidential such as, for example, financial information) disclosed to it by the other («the Disclosing Party») and shall not use the same for purposes other than in relation to the performance of the Receiving Party's obligations under this AgreeParty») and shall not use the same for purposes other than in relation to the performance of the Receiving Party's obligations under this AgreeParty's obligations under this Agreement.

Members may not decompile, reverse engineer, disassemble or otherwise intend to make any software used in combination with the Services or available at any time on this website, including the source code, available to third parties, unless where categorically permitted by other agreements.

For example, if you assume that you are purchasing power from the grid at around # 100 MWh, a solar system with a Power Purchase Agreement — where you contract to buy the power from a third party installer — might be able to supply you with electricity at # 70 - 80 MWh.

Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to (1) prevent violation of the Terms of Use, or our other agreements; (2) take precautions against liability; (3) protect our rights, property, or safety, or those of a third party, any individual or the general public; (4) maintain and protect the security and integrity of our services or infrastructure; (5) protect ourselves and our services from fraudulent, abusive, or unlawful uses; (6) investigate and defend ourselves against third party claims or allegations; or (7) assist government regulatory agencies.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION 7.1 You represent and warrant that (a) you have the authority to enter into and perform your duties and obligations under this Agreement; and (b) the website [s] where you will display Archway Affiliate Marketing Materials and your marketing practices do not and will not (i) infringe on any third party's copyright, patent, trademark, trade secret, privacy or any other rights, (ii) violate any applicable laws, rules, or regulations, including, without limitation, the CAN SPAM Act of 2003, (iii) contain defamatory or libelous material, (iv) contain pornographic or obscene material, including, without limitation, its marketing and promotional activities; (v) promote violence; or (vi) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (c) you will comply with your obligations under this Agreement and industry guidelines as applicable.

A credit default swap is an agreement where one party agrees to make a payment to another party when a default takes place, in exchange for regular compensation until the agreement terminates or a default happens.

An agreement where a party pays a premium up front or in installments to the counterparty.

In papers filed yesterday, the consumers argue that the Andersons have continued to violate a court order and the terms of a settlement agreement the parties entered into more than three years ago, by selling puppies from substandard breeding facilities and violating disclosure requirements as to where the puppies they sell come from.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of Kenya, and any litigation necessary to resolve disputes between the parties shall be filled in the courts located in Kenya, where such a dispute can not be solved through arbitration.

«Both parties have agreed there is now a need for a more strategic, longer term agreement to more effectively market Australia to Emirates» extensive global customer base, in particular throughout Europe where the airline is so well established,» he said.

Trade, especially WTO agreements represent cases where disparate parties have been able to come to an agreement on some issues.

NY Green Bank's current active pipeline (i.e. transactions where there is agreement in principle between parties and momentum to move the transaction toward final execution and closing) includes community solar; residential and commercial energy efficiency; residential solar, commercial and industrial solar; municipal, university, school and hospital energy efficiency; and microgrids.

However, a constructive trust requires one party to establish an agreement in reliance upon which she has relied to her detriment «in circumstances where the conduct of the other party was unconscionable» per Sumner J at para 56.

This would have led to a situation, where a measure implementing an association agreement would be based on Article 217 TFEU and an additional specific Article for those third parties which can be placed on an equal footing, and sole Article 217 TFEU for the other countries.

In A v A [2006] EWHC 2900 (Fam), [2007] All ER (D) 41 (Jan) Baron J raised the question of whether it may be inappropriate for legal advisers to act again for a party where an agreement is subsequently challenged; and in this I v I Charles J questions whether the wife's lawyers should have acted for her in this case because of a possible conflict.

It will apply to any agreement where there is a power imbalance between the parties.

It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of an agreement, with the law of the country where the arbitration took place.

In the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreement.

So where does that leave a settlement agreement with a confidentiality clause, meant to settle a private (that is, not criminal) dispute between two parties, regarding behaviour that would also support a criminal prosecution if reported to the authorities?

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

An Italian court upheld a challenge where the parties» agreement that the tribunal should constitute a specific number of arbitrators was not followed, and noted that the composition of the tribunal would also have been invalid according to the laws of the place of the arbitration.886

A court that rules on an application for recognition and enforcement in reference to the procedural law of the country where the arbitration took place, without first ascertaining the existence of a party agreement, will thus violate the Convention.868

If a relationship has broken down where the parties are unmarried, it would be prudent to enter into a separation agreement to document any financial settlement that has been agreed.

(6) Where any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers» organization or subsequently entered into by the said parties.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

(4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within 15 months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 19 to 36 and 79 to 86 apply, but the appointment is not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit.

Where parties choose not to enter into a pre-marital agreement, the default regime de communaute legale, a community property regime, governs the legal relationship of the spouses.

The section makes no reference to situations where the terms of the order are dictated by the parties» own separation agreements.

(2) Where notice has been given under section 59 and the Minister has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the collective agreement and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no collective agreement has been made,

(b) where the trade union has been a party to or bound by a collective agreement with the employer for at least one year;

There are programs that the Income Tax Act and Pension Benefits Act have in place to allow tax - free rollovers of RRSPs, RRIFs, and pensions where there is a court order or written separation agreement between the parties.

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last three months of each year that it so continues to operate, or after the commencement of the last three months of its operation, as the case may be.

(9) Where an employer is a party to or is bound by two or more collective agreements and it appears that the description of the bargaining unit in one of the agreements conflicts with the description of the bargaining unit in the other or another of the agreements, the Board may, upon the application of the employer or any of the trade unions concerned, alter the description of the bargaining units in any such agreement as it considers proper, and the agreement or agreements shall be deemed to have been altered accordingly.

-- Discover if there are any areas where both parties are in agreement, possibly allowing a pre-trial settlement to be reached.

Where there has been no express agreement, arrangement or understanding between the parties, the court has to search for their inferred common intention.

This would usually involve an examination of the financial and wider relationship between and conduct of the parties with a view to determining whether there is an express trust (a clear agreement that the beneficial ownership of the asset in question is different from its legal ownership), a resulting trust (arising, usually, from a direct financial contribution to the asset in question) or a constructive trust (where, in short, it would be unconscionable for the beneficial ownership to reflect the legal ownership).

Mind you, that's not nearly as harsh as one recent comment by a (B.C.) corporate lawyer, who described the Quebec Court of Appeal decision as «poorly reasoned, spectacularly wrong in its conclusions and generally reflect [ing] a lack of understanding of both corporate law principles and commercial realities», adding that «parties to sophisticated business agreements will be far better served by agreeing to adjudicate their disputes in Ontario, where the courts generally have much greater commercial sophistication.»

It is a question of which law will apply: will it be the law of the state in which the parties executed the agreement, and where the agreement says, or will California override certain provisions related to the prenuptial as it could cause violation of public policy.

Imagine a situation where one party shakes hands with the intention of actually hiring the other person, while the other person thinks the handshake is just an agreement to send the actual contract for review and possible acceptance - these people didn't agree on the same thing, so the contract is invalid.