Sentences with phrase «performance contract law»

In an email to Crist, Hernandez seemed to indicate an interpretation of the energy performance contract law could be that municipalities can construct projects without meeting municipal bidding requirements, and without the need for a third party to revue how cost savings projections were reached.

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.

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.

One of the many aspects of state energy law understood almost exclusively by policy wonks, energy performance contracts allow municipalities to enter into long - term agreements — running up to 35 years — for projects specifically designed to reduce energy consumption and costs.

For instance, while Nebraska recently passed a performance pay law, if 75 percent of Nebraska's school districts do not adopt the plans in their contracts within five years, the law goes away.

New Mexico's charter law reads that: «Annual performance targets shall be set by each chartering authority in consultation with its charter schools and shall be designed to help each charter school meet applicable federal, state and chartering authority expectations as set forth in the charter contracts to which the authority is a party.»

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Butch Otter, Governor of Idaho, signed into law two bills that would restrict collective bargaining rights for teachers, eliminate continuing contracts for new teachers, and implement a pay - for - performance plan.

In addition to the above, Tennessee law mandates principals are also subject to a performance contract that may specify other benchmarks such as graduation rates, ACT scores where applicable, and student attendance.

Wendy earned her J. D., magna cum laude, at the Georgetown University Law Center where she was awarded the American Jurisprudence award for her performance in Contracts and Advanced Criminal Procedure.

Terms of the loan contract and which state or federal laws govern the performance obligations required by both parties, will differ depending upon the loan type.

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Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

The American Bar Association's (ABA) Forum on Construction Law event focused on the key insurance and surety bond products available to transfer risk and on issues concerning the relationship between those insurance products and contract provisions and performance obligations.

Conflicts issues are (largely) untethered from the merits yet can be outcome determinative, so it is crucial to understand and focus on choice - of - law principles in complex insurance disputes, which can yield the application of different state laws within a single case to issues of contract formation, performance, and bad faith.

In addition, when choosing language intended to preclude the application of conflicts of law principles, be cognizant of the implications of language implying that a court should view the performance of the contract as occurring within a specified jurisdiction.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

Her areas of employment law experience includes acting for clients on Employment Tribunal matters involving claims for unfair dismissal and discrimination and providing advice to a variety of clients on day - to - day employment issues such as disciplinary and performance management, sickness, redundancy, contracts of employment, HR policies, recruitment and managing staff exits.

(ii) Where the business operator's place of business that is associated with a consumer contract is in a place under a law that is different from the law of the consumer's habitual residence, and where the consumer has received or should receive the performance of all obligations under the consumer contract in a place that has the same law as that place of business.

Best Articles Editor, Georgia Law Review CALI Award for outstanding performance in Contracts and Sales, Civil Procedure I, and Criminal Procedure I

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I believe that the «social contract» between the firm and the employees is: «A higher level of compensation may be expected in exchange for a higher level of performance to best meet the demands of the practice of law.»

The LSC is disputing Mr Justice Beatson's ruling that the LSC's power to amend the «technical specifications» of the contract, such as peer review requirements and key performance indicators, breached EU law.

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

In a post-Bhasin legal landscape, the question of how ROFR obligations will be interpreted in light of the newly recognized duty of honest performance in contract law was addressed in the Saskatchewan Court of Appeal («SKCA») case of Northrock Resources v ExxonMobil Canada Energy, 2017 SKCA 60 («Northrock»).

Interestingly, the Supreme Court determined that the duty of honest contractual performance to be a general doctrine of contract law that imposes a contractual duty, regardless of the parties» intentions.

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The duty of honest contractual performance is a duty imposed by Canadian Courts of law on all contracts in Canada.

The majority of the Court of Appeal rejected the trial judge's expansion of the duty of honest performance in contracts to create a common law duty of «reasonable exercise of discretionary contractual powers,» noting that the duty of honest performance does not relate to the negotiation of terms, and confirmed that an agreement should be interpreted in accordance with its terms unless it is unconscionable or contrary to public policy.

I am at this point concerned only with a new duty of honest performance and, as I see it, this should not be thought of as an implied term, but a general doctrine of contract law that imposes as a contractual duty a minimum standard of honest contractual performance.

With respect to whether the court should recognize a new common law duty of honesty in contractual performance - under the broad umbrella of the organizing principle of good faith performance of contracts Justice Cromwell held that the Court should.

[80] Recognizing a duty of honesty in contract performance poses no risk to commercial certainty in the law of contract.

Because the duty of honesty in contractual performance is a general doctrine of contract law that applies to all contracts, like unconscionability, the parties are not free to exclude it.

It provides that effect may be given to both (i) the mandatory laws of the forum, and (ii) the mandatory laws of the state where the obligations arising out of the contract have to be performed, insofar as those mandatory laws render performance of the contract unlawful (Rome I, article 9).

This is a general doctrine of contract law that imposes as a contractual minimum a standard of honest contractual performance.

The 5th District affirmed and in doing so, gives some content to both the substantial performance and partial performance doctrine under Illinois contract law.

The Supreme Court of Canada's decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and... [more] Full article

Contracts: Honest Performance Bhasin v. Hrynew, 2014 SCC 71 (35380) Nov. 13, 2014 «A summary of the principles... (1) There is a general organizing principle of good faith that underlies many facets of contract law.

In P&O Nedlloyd these cases were explained as cases in which the same facts gave rise to a claim — whether at law or in equity — and the same kind of relief was obtainable but it was on this basis that they were distinguished from a case involving claims in breach of contract and specific performance.

Moreover, there are a variety of issues should be covered by a contract between the business partners, including by way of example: the territorial or the scope of the agreement; exclusivity or non-exclusivity, taking European Union competition law into consideration; non-compete obligations, taking European Union competition law into consideration; minimum performance obligations; reporting obligations; marketing rights; the applicable terms and conditions of sale; the circumstances in which the agreement may be terminated and the consequences of termination.

The General Duty of Honesty in Contractual Performance and Punitive Damage Awards in Anglo - Canadian Contract Law»

David Alderson, LL.B, LL.MSeptember 8, 2016Appropriation of Personality, Business Litigation, Business Torts Economic Torts, Civil Litigation, Commercial, Commercial and Contract Litigation, Commercial Arbitration, Commercial Law, Commercial Litigation, Contract Disputes, Contract Termination, Cross-Border Litigation, Cyber Risks, Fraud, Injunction & Specific Performance, Intellectual Property, Of Interest to US Counsel, Partnerships and Shareholder Disputes, Passing Off, Trademark Infringement0 Comments

Contract law, including issues concerning rights, obligations, performance, enforcement, breach of contract and Contract law, including issues concerning rights, obligations, performance, enforcement, breach of contract and contract and damages.

Where a health plan that is a government program provides public benefits, such as SCHIP and Medicaid, and where eligibility for, or enrollment in, the health plan is determined by an agency other than the agency administering the health plan, or where the protected health information used to determine enrollment or eligibility in the health plan is collected by an agency other than the agency administering the health plan, and the joint activities are authorized by law, no business associate contract is required with respect to the collection and sharing of individually identifiable health information for the performance of the authorized functions by the health plan and the agency other than the agency administering the health plan.

In addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligence.

(s) «non-consensual right or interest» means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 39 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation;

Secondly, the Supreme Court of Canada recently held that good - faith contractual performance is an «organizing principle» of contract law in Canada's common law jurisdictions, but under Quebec law, the duty to act in good faith is statutorily implied in every contract and at every stage of the contractual relationship.

Additional practices include: outsourcing document review, using contract lawyers, implementing practices for managing outside counsel performance, implementing a commitment to diversity that extends to external law firms, and sending work to legal process outsourcers.

As a matter of English law, under the doctrine of frustration a contract may be discharged if, after its formation, events occur making performance impossible.

Although the expectancy principle governs the calculation of compensatory damages which are the usual measure of damages for breach of contract, the «minimum performance principle» places a common law limit on the expectancy principle.