Sentences with phrase «recovery of costs by»

The ICC Report notes that this approach was adopted despite the fact that the ICC and at least half of the other major institutional rules do not contain a presumption in favour of the recovery of costs by the successful party.

Not exact matches

There's another source of recovery that involves little cost to the victim and is backed by the priceless punch of a social giant.

(vii) Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;

The rejection of the provincial HST by voters in British Columbia will result in the recovery of the $ 1.6 billion paid to British Columbia for its HST transitional costs.

After a couple of years of recovery from his accident Kubica decided to get back into motorsport by doing the very thing that has nearly cost him his life - rallying.

Perinatal events can result in associated longer term health and broader societal costs, as shown by the size of damages paid in obstetric litigation cases, which represent a substantial cost to the NHS.27 Follow - up over weeks or longer to monitor recovery, or a future assessment of the outcomes for mothers and babies at a later date, would act as a vehicle for estimating costs and consequences beyond the perinatal period and shed more light on long term cost effectiveness.

The assets recovery agency (ARA) was set up three years ago by Tony Blair to make sure «crime doesn't pay», by stepping up the confiscation of ill - gotten gains but has faced heavy criticism over its cost effectiveness.

«By reaching this federal funding threshold for post-storm recovery costs, the financial impact will be lowered considerably for the non-federal share of repairing and restoring our communities.

Mathis said that depending upon the final costs of training programs as they are developed, Workforce Development is projecting that roughly 500 people in Oneida County will be impacted by the Recovery Act funding.

Cost overruns of several hundred million were covered by American Recovery Reinvestment Act (ARRA) funding.

By providing low cost capital to Community Development Credit Unions and Non-Profit Loan Funds, the State is helping to insure that small businesses can continue to be an engine of recovery and growth in communities where it is most needed.»

Funding is geared to help offset the costs of storm - related repairs and restoration of structures not covered by other federal, state or local recovery programs.

For the avoidance of doubt, neither recovery of direct cost by the Licensee from Authorized Users, nor use by Licensee or Authorized Users of the Licensed Materials in the course of research funded by a commercial organization is deemed to constitute Commercial Use.

Hurricane Maria: $ 90 Billion When: September 19 to 21, 2017 Deaths: 65 The damage: The costs of damage caused by Hurricane Maria are still being estimated as slow recovery continues on the island.

The prospecting, recovery, movement and ultimate use of energy resources are governed by the ratio of the benefit to the cost

May 17, 2000 Daily sedative hiatus speeds recovery and cuts costs for ICU patients By taking mechanically ventilated ICU patients off of sedatives briefly each day, University of Chicago researchers were able to reduce the duration of ventilation and ICU stays by one - thirBy taking mechanically ventilated ICU patients off of sedatives briefly each day, University of Chicago researchers were able to reduce the duration of ventilation and ICU stays by one - thirby one - third.

UNC Lineberger researchers led by Ronald C. Chen surveyed 1,171 men diagnosed with prostate cancer in North Carolina, finding that while both white and black men were concerned about curing their cancer and the quality - of - life impacts of treatment, more black men considered other social and personal factors — such as recovery time and cost — to be very important in their treatment decision - making.

With proper attribution and credit, the CDC DPP curriculum may be used as follows without further permission or license from the University of Pittsburgh: a. Non-profit research and non-commercial education purposes; b. Charging a fee solely for cost recovery of materials and operations related to delivery of the curriculum; c. Use of the curriculum for the purpose of third - party reimbursement so long as no profit is made on this specific effort by the party delivering the lifestyle change intervention or administering these curricula as it is described above, for third - party reimbursement.

School kitchens expel large volumes of warm air, and many kitchen managers do not realise that more than 50 per cent of this heat can be recovered by using heat recovery devices, which can also reduce energy costs.

Designed as a system intervention, Reading Recovery demonstrates cost effectiveness by returning two - thirds or more of the children to average performance levels in all countries.

School leaders in these communities, forced by the storm to delay the start of classes or reboot just after students returned for the 2017 - 18 year, face huge academic, financial, and social / emotional costs of a months - long recovery effort.

Eligible expenses include the recovery costs of transportation assets owned by other entities, to the extent those assets are used for public transportation purposes, and in a proportion consistent with written agreement (s) between the public transit agency and the owner of the asset.

Note comments I've added to the question: I'm not in US so the money is worth differently - $ 1000 is more than a monthly wage, and medical costs are subsidized by the government here, so $ 1000 coverage could for example cover recovery from small car crash (broken a bone or two, healing cuts, painkillers, hospitalization for several days, a week of physiotherapy) or a diagnostics, week of hospitalization, exams and drugs for non-chronic disease which can be healed in month or so... But I don't see how I could apply your answer, as I must choose insurance months BEFORE the medical problem occurs?

By allowing loan sizes of up to $ 625,000 in certain high - cost cities, the agencies» High - Balance Conforming Loan program kept the housing market moving and played a role in its recovery, which began in late - 2011.

That type of provision potentially allows for the recovery of actual costs incurred by the landlord.

Theoretically these assets have been accounted for by Premier at the capitalized cost of the exploration and recovery expense related to these objects.

Millennials have been particularly hard hit by the combination of high college costs and a deep recession with a long and slow recovery.

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkOF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the law of any jurisdiction other than the State of New Yorkof any jurisdiction other than the State of New Yorkof New York).

The liability of Koch Media in relation to data and / or programs lost due to Koch Media's ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.

While the DOE's reasoning for linking fuel stores to grid resiliency has been widely criticized for its vagueness and gaps in logic, its idea for a solution is clear: «full cost recovery» for those power plants now playing by the rules of the energy and capacity markets run by interstate grid operators serving about three - quarters of the country.

PSO is seeking approval «of the cost recovery of the project; a determination there is a need for the project; approval for future inclusion in base rates cost recovery of prudent costs incurred by... Complete story»

Due to the high cost of capturing, transporting, and sequestering carbon dioxide, EPA expects that any new coal fired power plants built in the foreseeable future will defray the costs of CCS by selling its carbon dioxide to oil companies, which can use the gas to help extract oil by displacing liquid fuels deep underground, in a process known as CO2 enhanced oil recovery (or CO2 - EOR).

As far as I've been able to compare the scaleability, costs, risks, verifiability and benefits of BECCS, DACCS and CRFS [Carbon Recovery for Food Security] the latter wins by a country mile, though its major co-benefits would depend on good operational design and management.

The first statute, the Medical Care Recovery Act («MCRA»), 42 U.S.C. § § 2651 - 2653, provides the Government with a cause of action to recover certain specified health care costs it pays to treat individuals injured by a third - party's tortious conduct (Count 1).

Auctions based on marginal costs wont allow for recovery of investment, which is why states and RTO / ISOs have attempted to address the obvious shortfalls of the auction system by adopting workarounds, to feed money to baseload power plants, e.g., special features such as maintenance fees, or, as in New York State, the establishment of zero - emission credits.

The decision is surprising, as it approves a figure that is three times higher than Xcel's original estimates on cost recovery, and which has already been opposed by Colorado's Office of Consumer Counsel and two of the state's largest industrial electricity consumers.

In December 2011 Kentucky Power, owned by American Electric Power (AEP), one of the country's largest electric holding companies, requested approval for a Certificate of Public Convenience and Necessity (CPCN) and associated cost recovery to invest approximately $ 950 million on environmental compliance measures at its Big Sandy Unit 2, an 800 MW coal unit approximately 40 years old.

Meanwhile, the law that enables cost recovery on abandoned projects, the Base Load Review Act, could be amended by state lawmakers before the current legislative session adjourns, according to Ron Aiken, a spokesman for the state's Office of Regulatory Affairs.

Similarly, the National Association of Manufacturers estimated that high recovery of shale gas and lower natural gas prices will help U.S. manufacturers employ 1,000,000 workers by 2025 while lower feedstock and energy costs could help them reduce natural gas expenditures by as much as 11.6 billion by 2025.

By comparison, the Office of Fossil Energy supports a wide range of collaborative, cost - shared research projects among industry, national laboratories, and universities, with the goal of increasing the discovery rate and improving the recovery of petroleum resources.

Methane to Markets, launched in 2004, is a public / private partnership that reduces greenhouse gas emissions by promoting the cost - effective, near - term recovery and use of methane, while providing clean energy to markets around the world.

His condemnation of «grotesque» costs generated by allowing the recovery of additional liabilities stood out.

Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, with the «curious result» of costs recovery at over double the amount of assessed damages.

Under Section 59 (1)(c) an arbitrator may order a party to pay the «legal or other costs» of the other party and this was held by the arbitrator to be wide enough to permit the recovery of third party litigation funding costs as «other costs».

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

The # 6.8 million claimed as security by the defendant was reduced to # 1.75 million through an analysis of the defendant's likely reasonable costs recovery and credit for the protection provided to it by the claimants» ATE policy.

Various options are proposed to tackle the issue: rehabilitation vouchers - these address the point of «phantom» attendance for rehabilitation, but may be complex to administer; all rehabilitation arranged and paid for by defendants - the MoJ notes that this would help speed up access to treatment and increase independence and transparency; no compensation payment towards rehabilitation in low value claims - the claimant would need to fund this and primary legislation would be needed to achieve this as at present there is no intention to restrict recovery of special damages; expand MedCo to include rehabilitation providers; and introducing fixed recoverable damages for rehabilitation treatment - the MoJ notes that this could be difficult and invites comment as to whether this would be achieved via a fixed cost per session or by fixing an upper value limit that can not be exceeded.

The Court accepted that it was proper for the Agency to make assessments of the impact of a proposed corrective measure by examining evidence including: the carrier's budget, corporate plan, performance targets, total revenues, cost - recovery ratio, operational funding surplus, and contingency fund.

However, with the SHR remaining at the July 1997 level, the recovery gap becomes wider and wider as time goes by and this effectively penalises successful litigants in Hong Kong, as they are left to settle the (often significant) difference between their actual costs and their recoverable costs out of their own pocket.