Sentences with phrase «relies upon parties»

Of course common law relies upon parties litigating; no litigation, no precedent.

Not exact matches

That decentralization is hard to differentiate from Bitcoin's, a cryptocurrency Gensler suggested is almost certainly not a security for the very reason we're discussing: no discernable third party (no common enterprise) upon whom we rely for any expectation of profits.

Aleksandr Kogan, a Cambridge University professor working with Cambridge Analytica, created an app that gathered and stockpiled user information and relied upon an application programming interface that Facebook developed to allow third parties to see that data, as well as friends» data.

Smart contracts: Today, some larger transactions rely upon escrow companies that release funds once all parties agree that they have satisfied the contract.

I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein as a true and accurate statement of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course of its business operations, Baby Safe Homes provides its customers products and services which, by nature of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason of his / her interest in Baby Safe Homes and in the course of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs of such customers to which Applicant has access in the course of his / her duties as an Applicant.nNow, therefore, in consideration of the premises contained herein, the parties agree as follows Applicant shall not, either during the time of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue of his / her employment with Baby Safe Homes, in any manner whatsoever, any such information of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business of any of its customers or prospective customers, except as required in the course of his / her employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following termination of employment, call upon or solicit, or attempt to call upon or solicit, any of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process of a Baby Safe Homes franchise business.

Moreover, the resurgent forces of conservatism within America, upon which Romney must rely to get elected and which plan to hold him to account if he becomes president (namely the Tea Party and their ilk) do not appear to have much appetite for a renewal of American adventurism abroad.

Blair's success in 1997 relied in party upon the fact that voters on the left had nowhere else to go.

A party that can not be relied upon to keep the economy safe; that wants us to put them back behind the wheel even though they still won't admit how badly they got it wrong.

Party loyalists can be relied upon to support the party unless they know the truth of what has been done in their Party loyalists can be relied upon to support the party unless they know the truth of what has been done in their party unless they know the truth of what has been done in their name.

Since parties rely so heavily upon activists come election time, to knock on doors, to phone bank, to deliver leaflets, they can not simply be roundly ignored.

Christine could always be relied upon to give objective views and offer support and advice to young and old in the Party.

A safer bet, say campaign tech experts, is attending to the plumbing that any party nominee will rely upon eventually.

The voluntary process requires full cooperation by all parties, relying upon data gathering and compromises among a diverse range of stakeholders.

This is one super cool romper with belt which you can rely upon when going to an evening party.

This attire can be equally relied upon while going to college or attending a birthday party.

Audio comes in a Dolby 4.0 discrete mix that has a good level of clarity but relies upon its centre channel to the exclusion of several good rear - speaker opportunities (more parties and clubs in here than you can shake a stick at).

Neither party is relying upon any warranties, representations, assurances, or inducements not expressly set forth in these Terms.

While we do our best to check the accuracy of our listings, descriptions of the vehicle are sometimes received by third parties and should not be relied upon as fact.

Whenever you rely upon a third party to gather your sales data and that third party is not gathering data from all your sales outlets it will be flawed.

Because every day, the writer and the reader assume control of an industry that used to rely almost entirely upon middlemen to bring these two parties together.

If the responsible entity relies heavily on external borrowing to fund its operations, or if it has provided guarantees to other parties which may be called upon if those parties can not meet their obligations, the risks for investors are increased.

In no event shall Fenimore be liable for any use by any party of, for any decision made or action taken by any party in reliance upon, or for any inaccuracies or errors in, or omissions from, the information contained herein and such information may not be relied upon by you in evaluating the merits of participating in any transaction.

Relying upon the right side of their brains, ferret owners have crafted a wide array of games and makeshift playthings that work to entertain both parties — fuzzies and the families who love them!

Simply put, if you wish to play the single player component of a game you are forced to rely upon 3rd party verification to access what is on your own hard drive.

«The solar companies that rely upon the third - party ownership model where systems are leased to customers may see a decrease in demand for their product,» said Hawaii Division of Consumer Advocacy Executive Director Jeffrey Ono.

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.

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

Law & Crime shall not be liable, and shall be held harmless, for any errors or omissions in the Services, and you assume all risks and liabilities in relying on the Services, contributing to a third party's reliance on the Services, or inducing a third party to rely upon the Services.

Over ten years ago, in Mangold, the ECJ found that non-discrimination on grounds of age constituted a general principle of EU law that could be relied upon directly in disputes between private parties, even before the Equality Directive entered into force.

The Advocate General concludes thus that Article 27 of the Charter can be relied upon in principle in legal proceedings between private parties, or at least not excluded based on Article 51 (1) of the Charter (para 41).

This case provides very clear guidance for parties trading on GAFTA terms, and who may be affected by export restrictions, that the Prohibition Clause must not be relied upon prematurely.

The client's spouse issued financial proceedings in order to progress the financial settlement and set down a suitable timetable in order for the parties to gather their evidence that they wish to rely upon and help them reach an agreement.

Importantly, the obligation does not oblige a party to put aside its own self - interests and it will not prevent a party from relying upon any express term of the contract.

[24] The Plaintiffs provided documents that indicate that there may have been third party manipulation and alteration of the expert reports that the Defendants will rely upon at trial.

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

Thus, it concluded, investors could not have relied upon the banks and brokers» failure to disclose publicly the nature of the Enron scheme in which they allegedly took part... Making third parties liable in the circumstance in this case, the Circuit Court said, «gives rise to confusion about the extent of secondary actors» obligations and invites vague and conflicting standards of proof in divers courts.»

It is thus not possible to seek to rely upon matters contained within without prejudice communications unless one of those exceptions applies, and it follows that if an exception does not apply, a party can not rely on the existence or content of without prejudice communications to found a «last straw» for constructive unfair dismissal purposes: Brodie v Ward (t / a First Steps Nursery)[2008] All ER (D) 115 (Feb).

Rather than trying blackball TWU at the law society, if its opponents truly oppose its behaviour, they should lobby the provincial government to amend the BC human rights code to prohibit its actions (and consider the implications of doing so for other parties — the same provision relied upon by TWU also permits rape centers to refuse to hire transgendered persons.

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

Parties focus on documents they will rely upon at the hearing.

This memorandum is not intended, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.

The principle difference is that, whilst in divorce proceedings there are five facts upon which you can chose to support your application, when dissolving a civil partnership there are only four, because it is not possible to rely on the other party's adultery, unlike in divorce.

This past April, the BC Court of Appeal cautioned that not all parties who rely upon a title may be treated equally: the Court suggested that the safeguards the system offers to bona fide purchasers may not be fully extended to mortgage lenders.

If evidence is not available until after the presumptive period within which claims should be addressed, s. 101 ought not to preclude ICBC from relying upon any evidence available at trial, and should not limit the evidence that either party can lead at the hearing.

The Court further relied on what it called a «somewhat relaxed» burden of proof in asbestos cases, thereby minimizing the argument that evidence relied upon by the parties would become stale over the passage of time, another policy reason behind the application of statutes of repose.

Rather than relying strictly upon the written agreement, it will now be the «overriding concern» of the Courts to determine «the intent of the parties and the scope of their understanding».

57 of them, including 19 Queen's Counsel, say the proposals «represent a departure from the foundational principle of natural justice that all parties are entitled to see and challenge all the evidence relied upon before the court and to combat that evidence by calling evidence of their own.»

Government proposals to increase the number of court hearings held in secret, and in which parties can only see minimal evidence relied upon by the court, have been severely criticised by the «Special Advocates» who play the central role in closed hearings.

More specifically, Commission start is of the view that implied consent can not be relied upon to send commercial electronic messages on behalf of unknown third parties, without obtaining prior specific express consent in accordance with the Act, Regulations and Regulations (CRTC);

By contrast, to establish a proprietary estoppel claim, it is only necessary to show that there was an assurance made which was relied upon, to the non-owning party's detriment.