Sentences with phrase «remedy breaches»

Under CMCHA 2007, ss 9 and 10 convicted organisations can be given a remedial order, whereby they must remedy the breaches of which the organisation has been convicted within a period of time.

Did the Court of Appeal properly exercise its discretion in imposing a constructive trust to remedy the breaches of fiduciary duties?

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

There are clear advantages to this approach, because it is quicker and the offending party is not given opportunity to remedy breaches.

8.2.2.1 If the Publisher commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within sixty (60) days of notification in writing by the Licensee.

A pupil (taking into consideration age and vulnerability) could be asked by the Head Teacher or another authorised person to go home, remedy the breach quickly, and then to return to school.

If a third party asserts that you did not have all rights required to make your eBook available on NOOK Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable.

But, as I read it, Cengage charged Kno with breach of contract, gave Kno 30 days to remedy the breach (which I suspect is specified in the contract between the two companies), and when Kno didn't remedy the breach by the end of 30 days, cancelled the contract.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

The CCLA believes that the Government must act to remedy the breach of Mr. Khadr's legal rights, and that repatriation would be an appropriate remedy in the reported circumstances.

However, compliance is business critical because, as can be seen from Johnsons, the penalties and costs of remedying breaches of the pension duties can escalate rapidly.

Our Dispute Resolution Team are specialists in this area and also make use of the combined expertise of our Property Team and our Wills, Trusts & Probate team to assess your case and advise you on the options available to remedy a Breach of Trust.

That said, the Tribunal did not find it appropriate, in the circumstances of the case, to make any remedial order to remedy the breach.

The Regulations do provide some defences to non-compliant employers, and employers may be given the opportunity to remedy a breach.

BirdEye shall have 60 days from the date of the notice in which to remedy the breach or violation.

While Mr Justice Forbes did not doubt that the expenditure of managerial time in remedying a breach was recoverable, the claimant had to prove that the manager's time was in fact expended in the manner alleged.

Many commercial contracts contain provisions allowing a party in breach of the contract a period in which to remedy the breach, once given notice of it from the innocent party.

What is reasonable is generally a question of fact, but it is not safe, legally, to assume that doing nothing will be considered reasonable or to take action to remedy a breach without due regard to all available options, their suitability and cost involved.

Failure to give the party in breach the opportunity to remedy the breach may result in the initially innocent party then being in breach with severe consequences.

With other breaches, it is generally necessary to allow the party in breach an opportunity to correct, or remedy the breach.

10.3 Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the Application from any and all mobile devices and immediately destroy all copies of the Application in your possession or control and certify, if requested by us, that you have destroyed copies of the Application.

In other words, a tenant will have been obliged to receive notice to remedy a breach; for example, a non-rental payment.

The first step in this process would be to place the tenant on terms, by sending a correctly - worded letter, demanding the tenant to remedy the breach of the lease agreement.

Not exact matches

The company said that it investigated the data breach and has remedied the problem, which resulted in its computer systems going offline periodically over the past few days.

Accordingly, the parties agrees that Parent shall be entitled to injunctive relief in the event of a breach of this Section 4.3, including an injunction to prevent any continuing breach or violation of the provisions of this Section 4.3, and the remedy of specific performance to enforce specifically the terms and provisions this Section 4.3 in any court of the United States or any state having jurisdiction.

The foregoing remedies shall not be deemed to be the exclusive remedy for any breach or violation of this Agreement, but shall instead be in addition to any and all other remedy or remedies to which Parent may be entitled at law or in equity.

The remedies listed in the agreement include the payment of $ 1 million per breach of the agreement (Daniels is also required to hand over money she earns through disclosing confidential information about Trump).

Even before the data breach came to a head, Facebook has begun to remedy the issues by making changes to its privacy policies, implementing stricter standards for third - party applications, and doubling the headcount of employees who work to protect user security.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

You agree and understand that Car Throttle is relying on the representations made by you and any breach of the terms and / or warranties set out herein would cause Car Throttle injury and damage that can not be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, Car Throttle shall be entitled to injunctive and other equitable relief.

Because the Vienna Convention provides its own system of remedies by way of declaration of persona non grata and breach of diplomatic relations, even manifest abuse can not be relied on to justify forcible entry as a form of reprisals for breach of the obligation under Article 41 of the Convention to respect the laws and regulations of the receiving State.»

While the department awaits the full results of this investigation we will like to reiterate our commitment to ensuring that the rule of law is applied at all times and persons found culpable of any breaches that bring the work and commitment of the department into disrepute will be sanctioned and the appropriate remedies adopted in the interest of the Republic.

Also at 12:45 p.m., Coalition of Westchester organizations hold a press conference and rally calling on the court to enforce a 2009 desegregation order ahead of a hearing this afternoon on remedies to hold the county accountable for allegedly breaching its 2009 Consent Decree with HUD, steps of U.S. District Court, 500 Pearl St., Manhattan.

A corrective action plan, detailing steps taken to remedy the matter and ensure that such a breach doesn't occur again, is due Jan. 26.

Though both parties ended the relationship, the Water Authority sent Zeppelin Communications a letter saying only the authority had the right to terminate the contract and that it could see «any remedies available» because Zeppelin had breached its pact.

Alternatively, for the avoidance of doubt, the foregoing contractual remedies apply in addition and not in substitution of any rights and remedies for breach available in the law, such as the right to terminate the License, the right to claim damages, and disgorging of any profits generated by activities prohibited under this ANNEX A.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

In addition to any contractual rights and remedies under the applicable law, Publisher shall retain the right to deny access to any publisher - hosted content where the Licensee is in breach of any of the conditions of this ANNEX A.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.

24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Edutopia shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach.

No remedy has yet been brought up regarding Canadian Volkswagen dealerships, but according to a report from Automotive News Canada, Environment and Climate Change Canada are «actively investigating» specific Volkswagen, Audi, and Porsche diesels to see if those automakers are in breach of the Canadian Environmental Protection Act.

Our payment of the Liquidated Damages is Our sole liability and entire obligation and the Author's exclusive remedy for the listed breaches for which the enhanced Author Royalties percentages are listed as a remedy.

Amazon lowered the price of my book, but they also wrote telling me that I was in breach of contract and that they would unpublish my book if I didn't take steps to remedy the matter within 5 days.

It matters because if an author breaches the contract and places the work for sale herself on another venue, Kristin's only remedy is to file suit for breach of contract and ask for 15 % of the amount made.