If the company has significantly changed the site, terms of service, etc. since the time the user registered, and doesn't keep any copies of old versions around, and admits this, they'll have a hard
time enforcing an agreement (as they can't produce a copy of it).
Not exact matches
Essentially, by
enforcing agreement at the
time of entry, blockchain could eliminate some of the most common post-trade issues and errors, such as incorrect settlement instructions or incorrect account / order details.
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.
Today, he faced the Commons not only with no such repatriation realised but with his veto - so rapturously greeted at the
time by Conservative MPs - arguably valueless, since it's now clear that he won't challenge the principle of the EU institutions being used to
enforce the F.U
agreement.
Any failure by BeautifulPeople to
enforce our rights to terminate the
Agreement upon a breach of the terms of this
Agreement by the User does not constitute a waiver of our rights and BeautifulPeople reserves to
enforce our rights at any
time.
We can accept late payments, partial payments, drafts, and checks or money orders marked «payment in full» (or similar language) without losing any of our rights to
enforce full payment of the indebtedness which may at any
time be owed under this
Agreement.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of
time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or
enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license
agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
For example, in a 2004 decision, a German court
enforced an award that was rendered five months after the
time limit set in the parties»
agreement.
This is important at the
time of starting negotiations or divorce proceedings and also when it comes to
enforcing any
agreement or Court order reached.
In Kentucky, this means that both sides must fully disclose their assets prior to signing the
agreement and the
agreement can not be unconscionable at the
time it is signed or the
time it is
enforced.
[53] In Miglin, the court determined that just because one portion of a separation
agreement fails to substantively comply with the objectives of the Divorce Act does not necessarily mean the entire
agreement must be set aside: «[f] or example, if it appeared inappropriate to
enforce a
time limit in a support
agreement, the quantum of support agreed upon might still be appropriate...» (Miglin at para 86).
If a marriage subject to a prenuptial
agreement dissolves and one of the parties fails to take action on claims contained in that prenuptial
agreement for a considerable period of
time, it is possible the court will prohibit that person from
enforcing the
agreement due to the amount of
time lapsed.
It can be useful to have language in the
agreement indicating that if one party waits for a short
time before
enforcing their rights that they are not waiving them, but otherwise,
agreements are enforceable at any
time moving forward.
For example, if both spouses agreed (in the prenup) to keep their respective employee stocks separate and that neither would pay alimony in the event of a divorce, but 25 years later (at the
time of divorce) one spouse's employer had gone bankrupt and he or she was out of work with no income, while the other spouse had become a multi-millionaire as a result of the employer's widely successful IPO — a court may find that the 25 - year - old
agreement prohibiting any alimony is too unfair to
enforce.
The bond What comes to issue is that the party seeking to
enforce the separation
agreement has incurred additional legal fees and taken
time from work that otherwise wouldn't have been necessary.
The
timing of when a prenuptial
agreement is typically
enforced usually revolves around some sort of change in the status of a married couple, such as death, separation or divorce.
Commercial undertakings participating in cartels have for a significant
time been subject to Art 81 of the EC Treaty and, more recently, by the civil and administrative provisions of the Competition Act 1998 (CA 1998),
enforced by the OFT, both of which prohibit anti-competitive
agreements between undertakings.
Florida courts can not
enforce informal
time sharing
agreements that were not ordered by the court.
This will cost you additional
time and money in having to either revisit issues or address them for the first
time after the divorce, or having to
enforce an
agreement contract which may or may not even be legally enforceable, based on how it was prepared and by whom.
The law is not currently in effect; the state and Planned Parenthood reached an
agreement that Arizona will not
enforce the law until accompanying regulations are developed, at which
time Planned Parenthood has reserved the right to file a new legal challenge.
No, but the court will have a much harder
time enforcing the terms of the separation
agreement if it isn't filed with them.
This would encourage landlords to draw up written
agreements if they want to be sure of including their own clauses, but not tie up court
time enforcing an unnecessary criminal law should they be negligent in drafting the lease.
«We don't believe that there are any, but if they do have rules that are in breach of this
agreement, they certainly can not
enforce them at this point in
time.»
Furthermore, all leases are strictly
enforced to ensure rent is collected on
time; the physician's use of space is monitored so it is consistent with the terms of the lease
agreement.