Sentences with phrase «termination provisions in»

The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts.

Term: The Term of this HIPAA Addendum shall be effective as of the first day that the Covered Entity provides PHI to BirdEye and shall terminate when all of the PHI provided by the Covered Entity to BirdEye, or created or received by BirdEye on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or if it is infeasible to return or destroy PHI, protections are extended to such information in accordance with the termination provisions in this Section.

Peggy has particular expertise in termination of condominiums having chaired or participated in the subcommittees responsible for drafting proposed statutory revisions to the termination provisions in the Florida Condominium Act and represented clients in pursuing efficient and effective termination strategies.

For franchisors who wish to terminate a franchise agreement with a franchisee, or to terminate a franchisee so to speak, the analysis usually focuses on the default and termination provisions in the franchise agreement.

I also take into account Mr. Miller's evidence that he did not read the termination provisions in the contract.

Employers should also consider the Ontario Court of Appeal's decision in Howard v. Benson Group Inc. (see our previous blog post here) when drafting termination provisions in fixed term employment agreements.

The Secretary shall require a contract to include an appropriate termination provision in the event that a no - build alternative is selected.

The Court reasoned that if the appellant were to maintain an ongoing ownership interest it would in effect «nullify the termination provision in the JVA, or at least make the termination meaningless.»

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

The termination provision in his employment agreement read:

Where a termination provision in a fixed - term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages.

In that decision, the ONCA affirmed a lower court's decision to uphold the termination provision in an indefinite term employment contract despite its violating the Employment Standards Act, 2000 (the «ESA»).

The Court of Appeal acknowledged its obligation to interpret a termination provision in the manner most favourable to the employee, where the contractual language is unclear or can be interpreted in more than one way.

For example, in Kieran v. Ingram Micro Inc., 2004 CanLII 4852 (ONCA) another panel of the Ontario Court of Appeal reviewed the following termination provision in a stock option plan:

If there is a remedy available to an employee because of a human rights violation, the termination provision in the employment contract, even if otherwise valid, will have no impact on the claim.

The termination provision in question expressly excluded the continuation of both short - and long - term disability benefits.

It would no doubt have been linguistically preferable had the termination provision in MacDonald's contract contained words after the term of notice such as «in accordance with the relevant provisions of the Employment Standards Act.»

The court noted that the termination provision in Miller's employment contract provided only for the payment of salary for the minimum statutory period.

[47] I turn first to the issue whether the termination provision in the Employment Agreement was enforceable, given that it was signed nine months after the appellant commenced employment pursuant to the Offer Letter, which said nothing about notice of termination.

In Oudin v. Le Centre Francophone de Toronto, The Ontario Superior Court dismissed a motion for summary judgment brought by an employee who alleged that the termination provision in his employment agreement was unenforceable.

Thankfully, the judge found that the listing agreement complied with the legislation and was not rendered uncertain by the termination provision in the warranty.

He argued that the termination provision in the Professional Marketing Plan and Warranty conflicted with the expiry date in the listing agreement.

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.

The arrangement agreement provides that Shoppers Drug Mart is subject to non-solicitation provisions and provides that the Board of Directors of Shoppers Drug Mart may, under certain circumstances, terminate the agreement in favour of an unsolicited superior proposal, subject to payment of a termination fee of $ 300 million to Loblaw and subject to a right of Loblaw to match the superior proposal in question.

Notwithstanding any provision in the Plan to the contrary, an Associate's Continuous Status is not terminated for purposes of the Associate's Stock Appreciation Rights if immediately upon the termination of the Associate's employment relationship with Walmart or an Affiliate the Associate becomes a Non-Management Director.

The Trust Agreement has an indefinite term, subject to certain termination provisions discussed in «Description of the Trust Agreement.»

Even after you cease using the Sites or following termination, the provisions of this Agreement set forth in Sections 6.2, 7, 14, 16 and 17 will remain in effect.

In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

In the event of dissolution or termination of the Association, the Board shall, after the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the objectives of the Association, in such manner, or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board shall determinIn the event of dissolution or termination of the Association, the Board shall, after the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the objectives of the Association, in such manner, or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board shall determinin such manner, or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board shall determine.

-- Nothing in this section or title V shall be construed as requiring termination of operations of a stationary source that is a covered entity for failure to have an approved permit, or compliance plan, that is consistent with the requirements in the second and fifth sentences of subsection (a) concerning the holding of allowances or offset credits, except that any such covered entity may be subject to the applicable enforcement provision of section 113.

The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).

The arbitration provision contained herein shall be self - executing and shall remain in full force after expiration or termination of this Agreement.

The provisions in Sections 1, 2, 3, 5, 6, 7, 8, 11, 12, and 13 will survive any termination.

The board of education or trustees of each school district shall develop, in consultation with appropriate school personnel, procedures for the recommendation, approval, provision, periodic review, and termination of such services.

Almost without exception, the sale (or even attempted sale) of credits or awards violates the provisions of the program and may result in the revocation of all accumulated mileage and / or termination of your participation in the program.

(A) The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

Brighthouse Financial annuities have limitations, exclusions, charges, termination provisions and terms for keeping them in force.

The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.

Like most insurance policies, Brighthouse Financial policies contain charges, limitations, exclusions, termination provisions, and terms for keeping them in force.

Like most annuity contracts, the Brighthouse Financial contracts contain limitations, exclusions, charges, termination provisions, and terms for keeping them in force.

The parties agree that notwithstanding anything to the contrary, the rights and obligations in this mediation - arbitration provision shall survive (1) termination of this Agreement by either party; or (2) default of this Agreement by either party.

They have limitations, exclusions, charges, termination provisions, and terms for keeping them in force and are not guaranteed by the broker / dealer, the insurance agency, the underwriter, or any affiliates of those entities from which they were purchased.

Termination of the rights and interests of the trustee and bondholders under a trust agreement or indenture upon final payment or provision for payment of all debt service and premiums, and other costs, as specifically provided for in the trust instrument.

Annuities are insurance - based contracts that have exclusions, contract limitations, fees, expenses, termination provisions, and terms for keeping them in force.

Like other insurance, TruStage life insurance policies contain specific limitations, exclusions, termination provisions and requirements for keeping them in force.

TruStage life insurance policies contain specific limitations, exclusions, terminations provisions and requirements for keeping them in force.

Cause for such termination may include, but not be limited to: (i) breaches or violations of these Terms or any provision of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self - initiated); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Animal League or other fundraising event or program in which you are participating; and / or (xi) any other reason reasonably considered by Animal League to be in its best interest.

Such policy shall contain a provision naming the city as additional insured and an additional provision requiring the insurance carrier to notify the city 30 days in advance of any cancellation, termination or expiration of such liability insurance.

Most leases stipulate that the tenant is in default and can face lease termination if he or she is late in the payment of rent or if he or she fails to comply with any other lease provision.