It means that failure to meet a date (e.g. a payment date) is a breach that allows
termination of the contract by the innocent party.
Therefore, data mining by the business associate for any purpose not specified in the contract is a violation of the contract and grounds for
termination of the contract by the covered entity.
Hope Solo says her one - year suspension and
termination of contract by U.S. soccer stems more from he...
Not exact matches
«They are paying early
termination fees in order to get customers to switch, and everyone followed, so if you look at the major changes that have occurred in the industry, from payment plans (to) turning off
termination fees, no
contracts, getting rid
of roaming (charges), it's a longer list
of things that are precipitated
by them doing it first,» he told CNBC
by phone.
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.
In general, HP would be liable for the amounts
of these guarantees in the event HP or HP's subsidiaries» nonperformance permits
termination of the related
contract by the client, the likelihood
of which HP believes is remote.
«Barcelona decided to take these actions in defence
of their interests, after a unilateral
termination of contract urged
by Neymar Jr a few months after signing the renewal until the end
of the year 2021,» a statement read.
«Suning Sports and Sabatini have reached an agreement for the premature
termination of our
contract,» read the statement published
by...
Schnirman did not dispute the accuracy
of the
termination pay reports and his
contract obtained
by Newsday.
Frank Sarfo Gyamfi's
contract has been terminated
by the club Ghana Premier League giants Kumasi Asante Kotoko have announced the
contract terminations of winger Frank Sarfo Gyamfi and...
By the end
of 2008, care records software for the North, Midlands and East had not gone live throughout a single Acute Trust, and a revised completion date
of 2014 - 15 for the late systems - four years behind schedule - looks doubtful in light
of the
termination last year
of Fujitsu's
contract covering the South.
Demand the
termination of all
contracts under the Ghana School Feeding programme
by the end
of this term.
State law requires that appraisal results be considered
by districts when making employment decisions, including
termination of contracts.
A proliferation
of authorizers can also create a system where schools can evade closure
by engaging detrimental behaviors such as authorizer hopping (where low - performing schools switch authorizers to avoid
contract termination).
(c) In the event
of contract termination, either in whole or in part, the amount
of award fee available shall represent a prorata distribution associated with evaluation period activities or events as determined
by the Government.
On the date
of the
termination of a
contract or agreement under this section
by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the
contract or agreement to the Secretary
of the Interior to provide continued transportation services in accordance with applicable law.
You and Velocity Micro agree that any claim, dispute, or controversy, whether in
contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach,
termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted
by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY,
BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
BY THE AMERICAN ARBITRATION ASSOCIATION under its Code
of Procedure then in effect.
Non-responsive publishers can hold an author's work hostage
by refusing to send a written reversion
of rights or acknowledgement
of contract termination.
If a term
of the
contract is that you must be able to select the menu
by X date, failure to provide the menu may be grounds for
termination for cause.
Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in
contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach,
termination or validity thereof, the relationships which result from the tour, advertising
by Mulcoy Travel, or any related purchase shall be governed
by the laws
of the State
of California without regard to conflicts
of laws rules.
Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach,
termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted
by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effec
by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effec
BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effec
BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code
of Procedure then in effect.
We remain unconvinced
by the reasoning underlying this decision, which will have serious repercussions for our organization, including closure
of our facilities,
termination of our lease and
termination of staff
contracts, and we intend to investigate the options open to us.
Nick, The
contract proposed to us
by attorneys for a contingent fee suit on a wrongful
termination (for whistleblowing), established that they could stop work on at their sole discretion but if we wanted to continue, then it would be at their customary fees and
of course expenses.
In such cases, courts may set aside the fixed - term
contract and view it instead as one
of indefinite duration, which is accompanied
by associated entitlements and obligations, such as reasonable notice
of termination.
A
contract is a
contract and, as expressed
by Chief Justice Winkler on behalf
of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount
of damages intend for mitigation to apply upon
termination without cause, they must express that intention in clear and specific language in the
contract.»
Represented a discount retailer in connection with wrongful
termination and breach
of contract claims
by a former officer
of the company.
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.
Our step -
by - step interview process makes creating a printable Notice
of Contract Termination easy.
Buxton deals with the
termination by a solicitor
of his retainer
contract, and the consequences for the solicitor in terms
of being paid.
It is defending Royal Bank
of Canada Trust Company (Jersey) in litigation brought
by two individuals relating to royalties arising out
of a feature film; and is representing Manchester Airport in a claim against Ten Group under a guarantee arising out
of the
termination of an advertising
contract with Airport Advertising UK.
Any dispute, controversy or claim arising out
of or in connection with this
contract, or the breach,
termination or invalidity thereof, shall be finally settled
by arbitration administered
by the Arbitration Institute
of the Stockholm Chamber
of Commerce (the «SCC»).
She considered that the activities performed
by Sevacare before the
termination of the
contract were fundamentally the same after the transfer, and rejected the argument that there had been fragmentation resulting in no service provision change.
To put this language in public law terms, the lack
of procedural fairness in the
termination decision meant that the decision could not reasonably be relied upon
by other public authorities as evidence
of unfitness to carry out public
contracts.
(i) the insurance on that person under the other
contract terminated
by reason only
of the
termination of the other
contract, and
Applying the ruling
of the Supreme Court
of Canada in the case
of Asphalte Desjardins inc., the Tribunal administratif du travail recalled that an employer that shortens the period
of work announced in the notice
of termination given
by an employee is in fact breaking the
contract of employment unilaterally.
Contract — Counterclaim for damages for repudiatory breach or renunciation —
Contract terminated
by defendant
by reason
of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where
termination was not based on breach.
In any case, the Court concludes
by stating that the only admissible evaluation that can be made
by Courts concerns the means through which the
termination is enacted, which is also consistent with the general obligation
of good faith during the performance
of the
contract, provided
by art. 1375 c.c.
CTF adhered to the terms
of the employment
contract by offering Oudin his minimum ESA entitlements
of 21 weeks
of combined severance and
termination pay.
Given that both wrongful dismissal and constructive dismissal are characterized
by employer - imposed
termination of the employment
contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.
Notwithstanding the
termination, Phones 4u remained entitled to payments in respect
of revenue generated from EE
contracts which had been sold
by Phones 4u, estimated to reach approximately # 120 million.
If the amount
of pay or notice in the
contract could fall below the minimum
termination notice required
by the Employment Standards Act, a court will not enforce it.
in Planet Kids Limited v Auckland Council [2013] NZSC 147, [2014] 1 NZLR 149, a case about whether a
contract was frustrated
by the
termination of a lease
In case
of termination of the franchise agreement, franchisors may face several claims
by the franchisee depending on the reasons for terminating the
contract.
Any dispute, controversy or claim arising out
of or relating to this
contract, or the breach,
termination or invalidity thereof, shall be settled
by arbitration in accordance with the BVI IAC Arbitration Rules.
For example, if the employment
contract does not contain a
termination clause the court will find that there is an implied term in the employment
contract that the
contract may only be terminated
by the employer without cause
by providing the employee with reasonable notice
of notice
of dismissal.1 Express and implied terms in a
contract are equivalent in effect.2
Termination clauses in employment
contracts are normally inserted
by employers into employment
contracts to minimize the cost
of dismissing employees.
The Court also rejected the contractor's claim that the municipality could not collect liquidated damages because it was at least partially at fault for the delays in completing the project, clarifying that, if a
contract provides for an extension
of the
contract's
termination date, due to delays not caused
by the contractor, then collection
of liquidated damages is not strictly abrogated under Connecticut law.
Prevailed in a trial in the U.S. District Court for the Eastern District
of New York on behalf
of a company that provides licensure and educational services to financial institutions against allegations, including breach
of contract, breach
of fiduciary and equitable claims, initiated
by a sales and marketing company after
termination of the relationship for poor performance
Often, an employer may seek to limit its liability on
termination of employment
by requiring the employee to sign a
contract which purports to limit the sum which is payable on
termination of employment without just cause.
Represented the Republic
of Ecuador in an arbitration brought
by a U.S. petroleum company, concerning Ecuador's
termination of a
contract for the exploitation
of an oil field and claims
of expropriation, in a proceeding conducted in Spanish and English.