Sentences with phrase «section party to the agreement»

as well as to provide strata management services to the strata corporation and / or strata section party to the agreement;

Not exact matches

(b) The license granted to you in Section 2 of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the online services.

Any amounts payable to a Sponsor Indemnified Party under Section -LSB--RSB- of the Trust Agreement may be payable in advance or shall be secured by a lien on the Trust.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

Section 1 (b) of Article XIII in the 2011 CBA specifically states: «It shall constitute a violation of Section 1 (a) above for a Team (or Team Affiliate) to enter into an agreement or understanding with any sponsor or business partner or third - party under which such sponsor, business partner or third - party pays or agrees to pay compensation for basketball services (even if such compensation is ostensibly designated as being for non-basketball services) to a player under Contract to the Team.»

The agreement reached by Riverkeeper, the Public Service Commission, the developers and other interested parties, required some changes to the line's path to keep it out of ecologically sensitive sections of the Hudson River.

-- If the Administrator determines that the provisions of this section regarding banking, allowance rollover, or destruction offset credits create a significant potential for inconsistency with the requirements of any applicable international agreement to which the United States is a party or otherwise adheres, the Administrator may promulgate regulations restricting the availability of banking, allowance rollover, or destruction offset credits to the extent necessary to avoid such inconsistency.

Section 5 of the Academies Act 2010 requires your management committee to consult with interested parties about becoming an academy before the funding agreement is signed, but it is up to you when it starts and how long it lasts.

The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association.

-- If the Administrator determines that the provisions of this section regarding banking, allowance rollover, or destruction offset credits create a significant potential for inconsistency with the requirements of any applicable international agreement to which the United States is a party or otherwise adheres, the Administrator may promulgate regulations restricting the availability of banking, allowance rollover, or destruction offset credits to the extent necessary to avoid such inconsistency.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

Section 7 of Hong Kong's Matrimonial Proceedings and Property Ordinance («MPPO») sets forth the relevant factors to be considered by a court in resolving the financial issues between divorcing spouses, These factors do not include an agreement between the parties.

(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.

The section makes no reference to situations where the terms of the order are dictated by the parties» own separation agreements.

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

(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,

(20) In mediating - arbitrating the settlement of a first collective agreement under this section, matters agreed to by the parties, in writing, shall be accepted without amendment.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

(5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.

If an agreement is set aside based on one party's non-disclosure, section 214 gives the court the power to penalize the non disclosing person if they deliberately withheld disclosing significant property

Parties recognize this when their arbitration agreement creates the right to a court appeal, as provided in section 44 (1).

[138] ALRI recommends that section 44 (2) be repealed, such that the only appeal route to the courts will be by agreement of the parties.

This section shall apply to relocation of the principal residence of a child if the existing custody order or other enforceable agreement between the parties does not expressly govern the relocation issue.

The transnational effect of the ne bis in idem principle (which is established in section 17, paragraph 1 StPO) is based on international agreements to which Austria is a party (see Birklbauer in Fuchs and Ratz, Wiener Kommentar zur StPO, § 17).

148.2 (1) An order against a person to pay tariff costs to a party to an agreement listed in section 148.1 may, for the purpose of its enforcement only, be made an order of the Superior Court of Justice if the order is against,

The court began by outlining that, when a party is seeking to vary support and there is no previous court order (as was the case here), sections 15.1 (4) and s. 15.2 (4) of the Divorce Act direct the court to consider any agreement the parties made.

It has been considered by some, who had espoused a strict interpretation based on the plain wording of section 3 of the Arthur Wishart Act (Franchise Disclosure), 2000, that the statutory duty of good faith in franchising is restricted to parties, i.e., signatories, to the franchise agreement.

In the event that no agreement has been reached, the arbitral tribunal shall make an award of costs on the basis that costs should «follow the event» (i.e., the successful party will be entitled to its costs), unless it considers such an award inappropriate in the circumstances of the case (section 61 (2)-RRB-.

As indicated above, the court has the power to remove an arbitrator on several grounds, including: (i) justifiable doubts as to his impartiality; (ii) the fact an arbitrator does not possess the qualifications required by the parties» arbitration agreement; (iii) physical or mental incapability; or (iv) failures in conducting the proceedings (section 24 (1)(a) to (d)-RRB-.

An agreement that the tribunal does not need to give reasons for its award will be deemed an agreement between the parties to exclude this basis of appeal (section 69 (1)-RRB-.

If the situation is not urgent, the court is only entitled to act (i) on the application of a party made with the permission of the arbitral tribunal, or (ii) with the agreement in writing of all of the other parties (section 44 (4)-RRB-.

The court is also entitled to stay court proceedings under its inherent jurisdiction where the requirements of section 9 of the 1996 Act are not satisfied — for instance, where there is a dispute whether the parties have entered into a binding arbitration agreement or whether the dispute falls within the scope of the arbitration agreement (see A v B [2006] EWHC 2006 (Comm)-RRB-.

Under section 72 of the 1996 Act, a party who takes no part in the arbitral proceedings can apply to the court for a declaration or injunction restraining arbitration proceedings by challenging: (i) the validity of an arbitration agreement; (ii) whether the arbitral tribunal has been properly constituted; or (iii) the matters that have been referred to arbitration.

An application under section 9 is not the only means by which a party can seek to restrain court proceedings allegedly brought in breach of an arbitration agreement.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

If a person with a claim and a person against whom the claim is made have agreed to have an independent third party resolve the claim or assist them in resolving it, the limitation periods established by sections 4 and 15 do not run from the date the agreement is made until,

4.3 The restrictions in this Section 4 will not apply to Confidential Information to the extent it (i) was in the public domain at the time of disclosure; (ii) became publicly available after disclosure to the receiving party without breach of this Agreement; (iii) was lawfully received by the receiving party from a third party without such restrictions; (iv) was known to the receiving party, its employees, agents or representatives without such restrictions prior to its receipt from the disclosing party; or (iv) was independently developed by the receiving party without breach of this Agreement.

Tenant must have felt pretty good after winning $ 49,500 in attorney's fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract / tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was forged on the document.

If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2 (1) of the Immigration and Refugee Protection Act and whose performer's performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

Section 45 (1) of the Ontario Arbitration Act, 1991 provides that, if the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and (b) determination of the question of law at issue will significantly affect the rights of the parties.

It is clear that section 59 of the Code exists not only to maintain the status quo during the negotiation of a collective agreement, but also to facilitate certification and ensure that the parties bargain in good faith.

Some possible exceptions to this general rule include where: a) the parties had agreed to have a neutral third party such as a mediator facilitate the negotiations as per section 11 of the Limitations Act, 2002; b) estoppel and / or waiver can be established (establishing estoppel and / or waiver in these situations is difficult); or c) the parties have entered into a tolling agreement.

Furthermore, since «a transaction may be annulled for lesion or any other cause of nullity of contracts in general» (Quebec Civil Code, section 2634), if a party is really duped into signing an ODR facilitated agreement, it will always be able to turn to the Courts to get it annulled.

It was based on his reasonable conclusions that (i) the parties» agreement provided for mediation as a precondition to arbitration; (ii) the requirement to mediate «in Delaware», which ran afoul of section 10 of the Arthur Wishart (Franchise Disclosure) Act, could be severed from the parties» agreement using the «blue pencil» approach, which kept intact the requirement to mediate, just not in Delaware; and (iii) applying the «appropriate means» branch of the discoverability test in s. 5 (1)(a)(iv) of the Limitations Act, 2002, the two year limitation period for arbitration commenced on the date that mediation was deemed completed.

The provisions of Sections (Terms and Fees) hereof shall survive termination of this Agreement for whatever cause, including, but not limited to the mutual agreement to terminate this Agreement by both partieAgreement for whatever cause, including, but not limited to the mutual agreement to terminate this Agreement by both partieagreement to terminate this Agreement by both partieAgreement by both parties hereto.

Section 87 of the Native Title Act empowers the Federal Court to make a consent determination where agreement about a claim is reached between the parties.

a person who is (or intends to become a party) to an Indigenous land use agreement (ILUA) or an agreement about certain rights, or who is in dispute about those rights (Section 183 (2)-RRB-;

Sections 90B - 90KA of the Family Law Act 1975 deal with financial agreements by parties to a marriage and sections 90UA - 90UN apply to financial agreements by de facto couples (if the de facto couple are ordinarily resident in a participating jurisdSections 90B - 90KA of the Family Law Act 1975 deal with financial agreements by parties to a marriage and sections 90UA - 90UN apply to financial agreements by de facto couples (if the de facto couple are ordinarily resident in a participating jurisdsections 90UA - 90UN apply to financial agreements by de facto couples (if the de facto couple are ordinarily resident in a participating jurisdiction).

Title 25, Chapter 4, Article 1, A.R.S. Section 25 - 403.02 defines the essentials of the parenting plan, which includes each parent's rights and responsibilities in terms of personal care and decision making in the areas of education, healthcare and religion; a detailed schedule of the physical residence of the child throughout the year; prescribed courses of action when changes need to be made to the agreement or if the agreement is broken by one party; and a statement from both parties acknowledging that joint custody is not defined by equal parenting time.

Section 87 of the Native Title Act requires the agreement of all parties to the proceeding for a consent determination to be made, irrespective of whether each party's interests may be affected by the terms of the agreement.