Sentences with phrase «terminated by either of the parties»

It can be terminated by either of the parties at any time.»

Not exact matches

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.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

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.

AGREEMENT DURATION This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.

TERMINATION These Terms of Use are effective until terminated by either party.

Standard language from the game's contract, obtained by SB Nation previously: «This contract may be terminated without penalty by mutual written consent of both parties.»

A one - time Governor of Rivers State whose tenure was terminated by the Supreme Court, Sir Celestine Omehia, says the Peoples Democratic Party must work towards winning...

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and / or any other cause beyond the reasonable control of the party whose performance is affected.

Once ELITESINGLES has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.

-- As the school is not a party to the SFA, it has no option to terminate it — The MAT may terminate the SFA, but only by giving seven years» notice, or if it considers itself in danger of insolvency — The secretary of state may terminate the SFA by a set of different processes (see the SFA)

7.2 Either party shall be entitled to terminate this Agreement forthwith by notice of writing if the other:

Accounts must be open and in good standing (not canceled or terminated by either party, not delinquent, over limit, or otherwise not available to use for charges) at time of redemption.

Risks associated with derivatives (including «short» derivatives) include losses caused by unexpected market movements (which are potentially unlimited), imperfect correlation between the price of the derivative and the price of the underlying asset, increased investment exposure (which may be considered leverage), the potential inability to terminate or sell derivatives positions, the potential need to sell securities at disadvantageous times to meet margin or segregation requirements, the potential inability to recover margin or other amounts deposited from a counterparty, and the potential failure of the other party to the instrument to meet its obligations.

The use of derivatives may increase these risks by increasing investment exposure (which may be considered leverage) or, in the case of over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

Notice of Intent to Terminate (NOIT)(for Single - Employer Plans only)- The notice, required by ERISA, that a single - employer plan must provide to (1) participants, (2) PBGC, and (3) certain other parties, when the plan administrator proposes a standard or distress termination.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

If for any reason, the promotion is not capable of running as planned, including without limitation, any suspected evidence of tampering or technological corruption or if any portion of the contest is compromised by virus, bugs, worms or unauthorized human intervention, fraud, acts of God, strikes, terrorist acts, criminal acts of third parties, an insufficient number of qualified entries, or any other causes beyond Vital Essentials ®» control which, in Vital Essentials ®» sole opinion, corrupts, threatens or impairs the administration, security, fairness, integrity, or proper conduct of the promotion, Vital Essentials ® reserves the right to cancel, terminate, modify or suspend the drawing at their sole discretion.

Sometimes such an essential elements clause is linked to a non-execution clause (see this informative piece by Lorand Bartels on the issue) which explicitly allows a Party to suspend (part of) or terminate an agreement for a material breach.

(3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties.

It may be terminated by either Contracting Party giving notice of termination to the other Contracting Party at any time and the termination shall be effective six months after the date of receipt of such notice.

The innocent party can terminate if (a) the wrongdoer's (lack of) conduct is repudiatory in either sense discussed above or (b) the contract says he can (eg by serving notice making time of the essence).

As a result, the agreement was terminated by one of the parties, which led to the current preliminary reference procedure.

... Language buffs take note — page 7 of the contract states: The agreement «shall continue in force for a period of five years from the date it is made, and thereafter for successive five - year terms, unless and until terminated by one year prior notice in writing by either party.»

Should Lessee remain in possession of the demised premises with the consent of the Lessor after the natural expiration of this lease, a new month - to - month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 58 days» or two rental periods, written notice served by either Lessor or Lessee on the other party.

In circumstances where neither party knows what the landscape will look like after Brexit (both in relation to the question of resolving disputes but also more generally), it may be worth considering whether either party should be given the ability to terminate the agreement by notice (or indeed whether it should terminate automatically) in certain circumstances.

In the UAE there are just three ways to legally terminate a contract, as provided for in Article 267 of the UAE Civil Code which states that «if a contract is valid and binding, it shall not be permissible for either of the contracting parties to resile from it, or vary or cancel it, save by mutual consent, or an order of the court, or under a provision of the law».

By contrast, where a lawsuit is terminated with a final order, either an order by a judge or a Consent Dismissal Order (by agreement of all parties), the lawsuit can not be brought back to lifBy contrast, where a lawsuit is terminated with a final order, either an order by a judge or a Consent Dismissal Order (by agreement of all parties), the lawsuit can not be brought back to lifby a judge or a Consent Dismissal Order (by agreement of all parties), the lawsuit can not be brought back to lifby agreement of all parties), the lawsuit can not be brought back to life.

Also, the case of Boston Deep Sea Fishing & Ice Co - v - Ansell [1888] 39 Ch D 339, which held that a party purporting to terminate may defend a wrongful termination claim on the basis that, at the time of termination, the other party was guilty of repudiation, whether or not then known by the party terminating, was distinguished.

The charterparty contained the war clause and it was therefore within the contemplation of the parties that the charter might be terminated early if the war clause was triggered by an outbreak of hostilities.

Many condominium management contracts provide that the contract can be terminated by either party upon a specified number of days» notice, or payment in lieu of notice where the contract is being terminated by the condominium corporation.

Being granted exclusive possession is not the same thing as becoming the sole tenant, whether by taking the place of the perpetrator on the residential tenancy agreement, if the perpetrator was the sole tenant, or, if the parties are co-tenants, by having the perpetrator's tenancy terminated.

(2) If the parties settle the dispute during the arbitration proceedings, the arbitration tribunal shall terminate the proceedings and, if requested by the parties and acceptable to the tribunal, record the settlement in the form of an arbitration Award.

There is an implied term in every contract of employment that either party may terminate the contract by providing reasonable notice of dismissal.

This Convention neither requires nor precludes the grant, refusal or termination of interim measures of protection by a court of a Contracting State and does not affect whether or not a party may request or a court should grant, refuse or terminate such measures.

The appointment may be terminated if further efforts by the Parenting Coordinator would be contrary to the best interests of the child; the child has reached the age of majority; or the child no longer lives with a party.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

Terms of my sublease: 3 months followed by month - to - month which may be terminated by either party after giving 30 days written notice.

This includes the obligation to give notice of termination set out in art. 2091 CCQ, which the other party must meet if he or she wishes in turn to terminate the contract before the notice given by the first expires.»

Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim.

The binding provisions may be terminated by mutual written consent of the parties; Provided, however, that the termination of the Binding Provisions shall not affect the liability of a party for breach of any of the Binding Provisions prior to termination.

However, at first instance, Artpower submitted that the word «may» in the introductory words of cl 9.3 showed that some positive action was required to bring the agreement to an end, constituting an election by the party seeking to terminate the agreement.

Discovery terminated the parties» ten - year relationship in June 2016, after learning that LMNO had systematically defrauded Discovery by creating false, overinflated budgets, resulting in millions of dollars in overpayments by Discovery.

This agreement regarding the legal restrictions and terms of use for this website is elective until terminated by either party.

«Termination Notice» means prior written notice (consistent with Section 10.1) by one party to the other of the intent to terminate the Services under any or all Orders.

2.3 Early Termination Either party may immediately terminate this Agreement at any time and for any reason by providing the other party with written notice; provided however that such early termination shall only be effective if the Vendor is not in default as of the date of the proposed termination and has paid to Company all sums owed to NPRIC, including, but not limited to, any unpaid License Fees or any other obligations incurred by Vendor.

Termination of Connected Car Service for CRUs: Service shall be provided to each connected vehicle until such time as: (a) Customer terminates the service for the vehicle; (b) ownership of the vehicle is transferred to a third party and the third party or the vehicle's manufacturer requests to establish service for the vehicle; or (c) AT&T terminates connected vehicle service by exercising its rights set forth elsewhere in the Business Agreement.

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 parties hereto.

(1) The parties to a Part VIIIAB financial agreement may terminate the agreement for the purposes of this Act only by:

The flagship organization for Collaborative Divorce, the International Academy of Collaborative Professionals» (IACP) website includes the following in its basic description of Collaborative Divorce: «Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding.»