Sentences with phrase «party to the agreement represent»

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.

These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Daily Harvest account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Although the power - sharing requirements for devolved government under the Good Friday Agreement were probably essential to involve the mainstream parties representing both communities, they handed a veto on progress to those parties.

Last December, shortly after negotiations for a successor agreement between the parties had begun, Thruway Authority Executive Director Thomas Madison sent an email to CSEA represented workers threatening that layoffs would occur unless the union agreed to management's contract demands for severe concessions by April 3.

Jessica Wyndham, director of AAAS» Scientific Responsibility, Human Rights and Law program, represented the world's largest general scientific organization at the meeting and laid out the meaning of science, the benefits it contributes to human rights, the obligations of nations that are party to the underlying agreement and the challenges facing implementation.

«While submissions came from a variety of organisations representing the feedback of a diverse group of interested parties, there were areas of general agreement, including the positive economic benefits to Canada, alignment with Canada's commitment to fight climate change, important applications for remote communities, and the potential to enhance nuclear safety through next - generation nuclear technology,» CNL said.

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.

This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respectAgreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respectagreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respect thereto.

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

The agreement forged to get the current legislation involved negotiations between three independents, the Greens (represented in 1 lower seat and the majority in Senate) and the Labor Party.

The participants played the role of negotiators representing countries and six regional blocs (United States, EU, Other Developed Countries, China, India, Other Developing Countries) and three interest groups (the Press / Media / Journalists, Climate Activists, and Fossil Fuel Lobby) to create an agreement that limits climate change by reducing greenhouse gas emissions at the model UNFCCC Conference of Parties international climate change negotiations.

While nations have agreed to the language of the accord, 55 parties to the U.N. Framework Convention on Climate Change representing at least 55 percent of total greenhouse gas emissions must still ratify the agreement for it to enter into force.

In contrast, Hideki Minamikawa, vice minister for global environment in the Japanese environment ministry, noted that the parties aligned to the Copenhagen Accord — the non-binding political agreement delivered in the 11th hour at the U.N. climate summit last year in Denmark — represented 80 percent of global emissions.

Elopement and prenups are a bit antithetical as California requires that (1) Both parties must be represented by separate independent attorneys, (2) disclose fully their finances (including any assets and debts), and (3) the final form of the agreement must be in the hands of each party at least seven days prior to signing the document.

The parties (represented by lawyers), reached agreement in 1991 as to their financial arrangements.

This sum represented the share of damages due to the third - party funder under the funding agreement and was found to fall within the ambit of «other costs» under s59 Arbitration Act 1996.

(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.

62 (1) If the trade union that applies for certification under subsection 7 (4), (5) or (6) is certified as bargaining agent for any of the employees in the bargaining unit defined in the collective agreement, the trade union that was or is a party to the agreement, as the case may be, forthwith ceases to represent the employees in the bargaining unit determined in the certificate and the agreement ceases to operate in so far as it affects such employees.

Certainly prenuptial agreements in Hong Kong are not required to be enforced but if both parties were represented by counsel when they were signed, and if the documents were signed long before the actual wedding date, they may then be of significant evidentiary significance.

(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,

(14) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the trade union, the Board shall declare that the trade union that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit.

the Board shall declare that the employers» organization that was accredited or that was or is a party to the collective agreement, as the case may be, no longer represents the employers in the unit of employers.

(3) On an application under subsection (1), the onus of establishing that the trade union was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.

Whichever party you represent, a Broker Agreement allows you to specify how much the broker will be paid for an introduction or a successful final deal.

When drafting a contract for a client, you usually represent one of the parties to the agreement.

«Given some of the decisions that have come out of the Court of Appeal which have required pretty high standards for employers in terms of drafting employment agreement language, it was encouraging to see the court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Company.

The Court accepted that the parties did not intend to contract out of the minimum standards of the ESA and held that the plaintiff's challenges to the contract «represent [ed] either strained interpretations or [were] easily and reasonably cured using the curative language contained in the employment agreement itself».

[91]... It is only where the current circumstances represent a significant departure from the range of reasonable outcomes anticipated by the parties, in a manner that puts them at odds with the objectives of the Act, that the court may be persuaded to give the agreement little weight.

If the parties are unable to reach an agreement, the lawyers who represented them during negotiations can not represent them at court.

Before entering this process, both parties sign an agreement stating that if a settlement can not be reached and their matter goes to court, their lawyers will no longer represent them.

These sessions offer self - represented couples a chance to meet with an experienced, neutral third party, usually a trained mediator or attorney, who can help them reach an agreement on the terms of their divorce.

Neither party is represented; instead, they have an attorney to advise and guide them through the process of drafting a divorce agreement.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

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... MORE»

Notwithstanding the autonomy from litigation with mediation, it is encouraged that parties be represented by separate counsel to protect the finality of any agreement they ultimately reach.

If the parties in mediation are represented by attorneys, those attorneys can appear in contested court proceedings if the parties are unable to reach an agreement in mediation.

The bill also contains additional provisions prohibiting judges from approving class actions in which the lawyer representing the class is a relative of a party in the class action suit; requiring class action lawyers only receive payment after victims are paid; and ordering that any third - party funding agreement be disclosed to the court.

It is important that the parties both consult separate legal counsel when drafting a settlement agreement to ensure that each person's interests are considered and represented or knowingly excluded.

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 concept that these Guidelines represent the minimum time a non-custodial parent should spend with a child when the parties are unable to reach their own agreement.

The firm continues to represent clients in various maritime disputes including ship arrests, ship collisions and damaged cargo under charter party agreements.

What I wished to say was that the court or tribunal must consider whether or not the words of the written contract represent the true intentions or expectations of the parties (and therefore their implied agreement and contractual obligations), not only at the inception of the contract but at any later stage where the evidence shows that the parties have expressly or impliedly varied the agreement between them.

Local 720 was a party to continuing Registration Collective Agreements with the two employers» organizations represented by the CLRA.

Parties who are negotiating a contract want the written terms to represent the full agreement between the parties and they do not want their «subject to contract» negotiations to burden them with a contractual obliParties who are negotiating a contract want the written terms to represent the full agreement between the parties and they do not want their «subject to contract» negotiations to burden them with a contractual obliparties and they do not want their «subject to contract» negotiations to burden them with a contractual obligation.

Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Gigaom the rights to it that you are granting by this Agreement, all without any Gigaom obligation to obtain consent of any third party and without creating any obligation or liability of Gigaom; (B) the User Submission is accurate; (C) the User Submission does not and, as to Gigaom's permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

Please note that an attorney can only represent one party in the drafting of a Prenuptial Agreement, and both parties will need to exchange financial information and documents as part of the drafting process.

That means you must have two attorneys that are both trained in collaborative law, and are willing to sign a collaborative agreement — which says that in the event either party files a civil lawsuit, both attorneys must withdraw from representing their clients.

Even when the parties want to reach an agreement between themselves on all the issues and to avoid court, it is always best to be represented by an attorney who can look out for your best interests and make sure that you don't sign away your rights.

If the process breaks down and a couple can not reach a settlement and must go to court, the collaborative attorneys by agreement are prohibited from representing the parties and so new attorneys must be hired by both sides.