Sentences with phrase «under the clause as»

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:

On the charge of dormant Commerce Clause breach, the judges found the plaintiffs» argument failed to show how out - of - state nuclear plants were suffering from ZEC implementation and that coal and gas - fired generators» interests are not protected under the Clause as non-nuclear entities.

Not exact matches

The women point out in the letter that forced arbitration clauses are now under attack as part of the #MeToo movement.

The Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy Clause,» under which federal laws trump state laws.

One of the few escape clauses is a recession, which the statute defines as «a period of at least two consecutive quarters of negative growth in real gross domestic product as reported by Statistics Canada under the Statistics Act.»

Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).

the disposition of shares of common stock to us, or the withholding of shares of common stock by us, in a transaction exempt from Section 16 (b) of the Exchange Act solely in connection with the payment of taxes due with respect to the vesting or settlement of RSUs granted under our equity incentive plans or pursuant to a contractual employment arrangement described elsewhere in this prospectus, insofar as such RSU is outstanding as of the date of this prospectus; provided, that, if required, any public report or filing under Section 16 of the Exchange Act will clearly indicate in the footnotes thereto that such disposition to us or withholding by us of shares or securities was solely to us pursuant to the circumstances described in this clause;

The 1st Circuit concluded, «As to the merits of the Commerce Clause challenge, the AMT is a facially discriminatory statute that does not meet the heightened level of scrutiny required to survive under the dormant Commerce Clause.»

Henceforth, the right to abort was to be understood as a liberty interest under the Due Process Clause, which included (so the plurality opinion of the Supreme Court said) «the right to define one's own concept of existence and to make the most basic decisions about bodily integrity.»

It can be traced back as early as 1990, when the religion clause expert Douglas Laycock noted that under Stevens» constitutional decisions religion is «subject to all the burdens of government, but entitled to few of the benefits.»

Under the free - exercise clause every person is entitled to respect for her or his religious commitments, and their free exercise should not be burdened by governmental interference except to secure «compelling state interests» (such as protection of public health and safety, not just public welfare or order) that can be served in no less burdensome way.

This peculiar species of what is known as «substantive due process» assimilates that clause to the standards used under the equal protection clause of the Fourteenth Amendment, and carries all sorts of borrowed baggage from the latter about «levels of scrutiny.»

One major stumbling block for them though could be the fact that he has a # 35m release clause in his current contract, while no progress is expected for the next fortnight or so as he continues to represent Portugal at the Under - 21 European Championship this summer.

Many employers in these states, as well as in others where this sort of open sale and use is still against the law, simply decided to turn a blind eye to marijuana testing, opting instead for clear clauses in contracts that stipulate that employees may not show up for work under the influence.

They go on to say that Wenger has decided he will not entertain any offers under 25million, so he has created his own Wenger Buyout Clause, and will keep Theo as a (reserve?)

Carlos Mourino has admitted that Nolito has a release clause of just under # 14 million, as reported by the Daily Star, and even though the player is nearly 30 - years old, that is a steal at today's prices for a striker who is now first choice for Spain after a great season with his club.

The dispute is reportedly over Everton's insistence that the Belgian international's release clause will not be worth under # 90m, and they will not agree to a figure in the region of # 60 - 70m as they believe that is within their rivals» reach.

Four justices (from the liberal wing of the court) held that the mandate to purchase insurance counted as a regulation of commerce under the Commerce Clause.

In practice, however, this is more murky, as courts have occasionally allowed the federal government to exercise powers in all sorts of different things under incredibly broad interpretations of the Interstate Commerce Clause.

For example, even federal drug laws are deemed to be authorized under the Commerce Clause, as they regulate commerce of the drugs.

It pointed out that «as government may be swayed away by the euphoria, we would like to draw your attention to a possible breach of Article 35 clause 5 of the 1992 constitution under the Directive Principle of State Policy which states:

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

A second argument was made justifying Congress» action under the Commerce Clause, which as currently interpreted by the Supreme Court is arguably Congress» broadest authority.

But don't think that the speaker's civil rights weren't violated under both the public accommodations clause of the Civil Rights Act as well as the 14th Amendment.

whose adverse finding shall not have the effect of disqualifying a person under paragraph (d) of clause (2) of article 94 of the Constitution unless it has been confirmed by a Government white paper as stated under Article 94 (4) thereof.

As a retired military officer, Flynn is prohibited under the emoluments clause of the Constitution from accepting payment from a foreign government without advance permission from both the secretary of State and the secretary of the Army.

(b) any employee who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a).

-- To grant an exemption for a product under this clause, the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application.

My favourite holiday character is... santa clause because as a child I had great memories of leaving cookies out for him and then in the morning seeing a handwritten note and the trail of footsteps with gifts under the Christmas tree!

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

Teaching With Documents Lesson Plan: Documents Related to Brown v. Board of Education Use primary source material from the National Archives to learn about the 14th Amendment, primarily the equal protection clause, as well as the powers of the Supreme Court under Article III of the U.S. Constitution.

As we have held, one form of injury under the Equal Protection Clause is being forced to compete in a race - based system that may prejudice the plaintiff, Adarand Constructors, Inc. v. Peńa, 515 U. S. 200, 211 (1995); Northeastern Fla..

Notwithstanding the requirements of clause (b) of this subparagraph, members of the professional development team employed in or representing a school under registration review, pursuant to subdivision (p) of this section, including but not limited to teachers, administrators, curriculum specialists and parents, shall not be designated for appointment as prescribed in clause (b) of this subparagraph but shall instead be recommended by the chancellor for appointment by the board of education of the community school district in the case of community school districts, and appointed by the chancellor without being designated by any other party in the case of high school divisions, special education divisions and the chancellor's district.

We will abandon the Establishment Clause, and continue to challenge voucher and choice programs under state constitutions on whatever grounds are available to us from lofty principles such as church / state separation, to Mickey Mouse procedural issues like the single - subject rule.»

In 2007 in Parents Involved in Community Schools v. Seattle School District No. 1, the United States Supreme Court invalidated race - conscious plans in Seattle, Washington, and Louisville, Kentucky, finding that explicitly pursuing racial balance in K - 12 schools by using race as a criterion for admission and placement was impermissible under the Constitution's equal protection clause.

(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration by a local agency, except that (i) where under the State's law the State agency for the blind or other agency which provides assistance or services to the adult blind, is authorized to * provide vocational REHABILITATION services to such individuals, such agency may be designated as the sole State agency to administer the part of the plan * under which vocational REHABILITATION services are provided for the blind (or to supervise the administration of such part by a local agency) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan, and (ii) the Secretary, upon the request of a State, may authorize such agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit such agencies to carry out a joint program to provide services to handicapped individuals, and may waive compliance with respect to vocational * REHABILITATION services furnished under such programs with the requirement of clause (4) of this subsection that the plan be in effect in all political subdivisions of that State;

(19) provide satisfactory assurances to the Secretary that the continuing studies required under clause (15) of this subsection, as well as an annual evaluation of the effectiveness of the program in meeting the goals and priorities set forth in the plan, will form the basis for the submission, from time to time as the Secretary may require, of appropriate amendments to the plan.

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational REHABILITATION services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this clause applying separately to each of such units; provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non - Federal share; provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational REHABILITATION of substantially larger numbers of handicapped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non - Federal share of the * cost of such vocational REHABILITATION services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

(i) The Contractor shall submit to the Contracting Officer a request for reimbursement of the cost of the replacement or repair together with whatever supporting documentation the Contracting Officer may reasonably require, and shall identify the request as being submitted under the Insurance clause of this contract.

(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of offer, and shall be intended and approved for marine use.

(2) Except as stated in paragraph (i)(1) of this clause, and other than those parts furnished by the Government, and the Contractor shall be responsible for the correctness of the dimensions, sizes, and shapes of parts furnished under this agreement.

(i) Casualty, accident, and liability insurance, as approved by the Contracting Officer, insuring the performance of its obligations under paragraph (c) of this clause.

If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.

*** The «As is» Clause under this disclaimer is hereby agreed, that the Seller (s) and Purchaser (s) agree that the Purchaser (s) will purchase the used Equipment «As Is», with any and all latent and patent defects, that there is no warranty made or implied by the Seller (s).

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's householAs used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's householas a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

A sound knowledge about clauses that specify the various ways you can save paying taxable income legally will be beneficial so as to pay just the right amount of income tax and save the portion of your income that falls under the section specifying the kinds of Income Tax Deductions.

(ii) In the case of an individual who is no longer currently entitled to monthly insurance benefits under this title but to whom all past - due benefits have not been paid, for purposes of clause (i), any amount of such past - due benefits payable in any month shall be treated as a monthly benefit referred to in clause (i)(I).

I've been going on - and - on about a July 7th, 2015 statement put out by the U.S. Department of Education that talked about how the government has made allowances to approve the discharge of federal student loan debt through bankruptcy, in some situations; namely, under the «Undue Hardship» clause of the Federal Bankruptcy Code, under the exception rule commonly known as 11 U.S.C. § 523 (a)(8).

Not all companies have this clause in their agreements as it is prohibited under the Federal Trade Commission's Credit Practices Rule.

We will monitor your margin requirements on a daily basis and we will inform you as soon as it is reasonably practicable of the amount of any margin payment required under this clause.