Sentences with phrase «therefore under no obligation»

«Facebook failed to meet its obligations under the Privacy Act, and when given a statutory demand from my office to produce the information at issue so that I could discharge my statutory duty to the requester to review it, Facebook initially refused to provide it, and then asserted that Facebook was not subject to the New Zealand Privacy Act, and was therefore under no obligation to provide it.

Not exact matches

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

To the extent that we are unable to make payments under the Tax Receivable Agreement for any reason, such payments generally will be deferred and will accrue interest until paid; provided, however, that nonpayment for a specified period may constitute a material breach of a material obligation under the Tax Receivable Agreement and therefore accelerate payments due under the Tax Receivable Agreement.

Therefore, physicians are under no obligation to initiate discussions about a procedure such as elective cesarean that is unproven scientifically or that the individual physician may not consider medically acceptable.

«I would therefore be grateful to you if you could provide information on these reports and comment on the compatibility of the measures taken with the UK's obligations under the convention.»

The troubling issue for many people regarding Artvoice is that while I too have a first amendment right to print whatever I want I'm under no legal obligation to print what Carl Paladino sent to me, therefore, it's under my discretion whether to release Paladino's comments or to censor them and hide them from the public.

Therefore, it is vitally important that organisations of all sizes — that use data — understand their obligations under the Data Protection Act.

You are therefore under no legal obligation to repay your loan from him.

Therefore, notwithstanding the fund's failure to meet its obligations under the super law:

HURRICANE POLICY: No refunds for cancellations as a result of weather conditions, travel advisories, acts of God, and hurricanes, therefore we strongly encourage the purchase of Travel Insurance in order to minimize any potential financial loss, as Portofino Beach Resort is under no legal obligation to offer any form of compensation related to any storm or act of nature.

Only through continued support for research and development that brings down prices and increases range — and therefore consumer preference — can governments hope to see more and more electric vehicles on the road, taking them one step closer to fulfilling obligations under the Paris Agreement.

The State Department's legal theory is that international agreements lacking new and material legal obligations are not treaties under United States law, and therefore need not undergo the Senate's advice and consent process.

From that, he draws the conclusion that I have breached my legal obligation under the Public Service Act to comply with the law in all matters relating to employment, and therefore that I an not a fit and proper person to be a member of the Climate Change Authority.

Therefore — in the specific case of (R) Miller — the UK court is under no obligation under Article 267 TFEU to refer the question to the Court of Justice of the European Union.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

«The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files bankruptcy, including, but not limited to, the ability to determine the debt assigned is in the nature of Maintenance, necessity or support and is therefore non dischargeable in bankruptcy, and / or making a future spousal support order, regardless of the spousal support order set forth below under FOURTH: SPOUSAL SUPPORT.»

Urgenda argued that the Dutch state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constitution.

It outlines how a proper case for self - defence was not made in respect to necessity and proportionality, and Canada's NATO obligations were therefore improperly invoked under international law, points that have been raised before by other legal academics.

The AG therefore finds it unnecessary to delve further into the content of the «international obligations» referred to by Article 25 (1) of the Visa Code, and continues to analyze the discretion of the Member States under that Article in the light of the Charter.

The arresting officer is therefore under a constitutional obligation to facilitate the requested access to counsel at the first reasonably available opportunity.

An authorized occupant is a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the financial obligations as a tenant under the rental agreement.

Such prolonged solitary confinement therefore violates Canada's binding legal obligations under the UN Convention Against Torture.

Notice and severance payments paid by the employer in accordance with the employer's obligations under the Ontario Employment Standards Act, 20001 («ESA») are not subject to the duty to mitigate and, therefore, will not be reduced if the dismissed employee finds new employment during his or her statutory notice period.

This judgment may be therefore be another indication of the domestic court's unwillingness to extend the parasitic investigative obligations under the ECHR beyond what they see as grounded in both the broad thrust of ECtHR jurisprudence and in principle.

B.F. argued that because he had to take medical leave in 2013 and was therefore unable to work, his obligations under a 2008 consent order should be retroactively reduced.

The CRA explains that, under contingency fee arrangements, there is no obligation for the client to pay any fee until a certain time and, therefore, no amount is receivable until the professional's right to collect a fee is triggered.

It is of course physically possible for you to draft your own separation agreement, but without lawyers to represent each party and explain to them their rights, risks and obligations, a judge will not be able to ensure the circumstances under which the agreement was signed were appropriate and therefore will probably not enforce the agreement if it was challenged in the courts.

The applicant claimed that the investigation into the incident was inadequate and therefore in breach of the Netherlands» procedural obligations under Article 2 of the European Convention on Human Rights.

The claimant was not presumptively entitled to spousal support and the respondent was therefore not under any legal obligation to look out for her legal interests after they separated in June 2001.

The House of Lords hearing therefore raised issues about the extent and limits of the obligations of the UK under the Convention where a threatened breach of the Convention might occur not in the UK but in another country to which the UK intended to deport or remove.

There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self - harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983.

JMAR argues that there can be no claim the company because the «agreement to indemnify Snider Electric created a circular chain of indemnification because of Snider's obligations to indemnify JMAR for its negligence and that Plaintiff's claims were therefore barred under the doctrine of circuity.»

(The court also found that the wife's lawyer had no duty toward the husband, and therefore was under no obligation during negotiations to disclose the wife's possible intentions, either.)

Procedural obligation under article 2 where deaths occur in custody will, therefore, likely only arise where there is evidence of a violent or unnatural death or where there is some other question mark over the cause of death which points or may point to the possibility that the death was not from natural causes.»

Therefore, determining the scope of s 6 (3)(b) is necessary not only to identify which bodies are subject to the obligation in s 6 (1), but also to determine which of the functions of those bodies are capable of attracting challenges under HRA 1998.

International obligations under treaties are heavily negotiated, end up being in very broad, general terms and therefore are capable of, in the different minds, applying in different situations.