Sentences with phrase «upon by all interested parties»

Remember, settlements are voluntary and have to be agreed upon by ALL interested parties (you, the insurance carrier, the employer, and the Virginia Workers» Compensation Commission also must approve a full and final settlement).

Not exact matches

I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein as a true and accurate statement of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course of its business operations, Baby Safe Homes provides its customers products and services which, by nature of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason of his / her interest in Baby Safe Homes and in the course of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs of such customers to which Applicant has access in the course of his / her duties as an Applicant.nNow, therefore, in consideration of the premises contained herein, the parties agree as follows Applicant shall not, either during the time of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue of his / her employment with Baby Safe Homes, in any manner whatsoever, any such information of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business of any of its customers or prospective customers, except as required in the course of his / her employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following termination of employment, call upon or solicit, or attempt to call upon or solicit, any of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process of a Baby Safe Homes franchise business.

... Delight in smooth - sounding platitudes, refusal to face unpleasant facts, desire for popularity and electoral success irrespective of the vital interests of the State, genuine love of peace and pathetic belief that love can be its sole foundation, obvious lack of intellectual vigour in both leaders of the British Coalition Government, marked ignorance of Europe and aversion from its problems in Mr. Baldwin, the strong and violent pacifism which at this time dominated the Labour - Socialist Party, the utter devotion of the Liberals to sentiment apart from reality, the failure and worse than failure of Mr. Lloyd George, the erstwhile great war - time leader, to address himself to the continuity of his work, the whole supported by overwhelming majorities in both Houses of Parliament: all these constituted a picture of British fatuity and fecklessness which, though devoid of guile, was not devoid of guilt, and, though free from wickedness or evil design, played a definite part in the unleashing upon the world of horrors and miseries which, even so far as they have unfolded, are already beyond comparison in human experience.

«In this application, if one carefully considers the reliefs sought by the first interested party at the high court, it becomes abundantly clear that the court was never called upon to interpret article 94 (1)(a) of the constitution.

The interest rate and other terms that are given to a borrower (and their cosigner, if applicable) will also depend upon the monthly income that is earned by one or both parties.

Another interesting comment I heard, was that it is only possible for a foreigner to make art in such a forthright way on these topics at this moment of time — with freedom of press and social and political liberties of the people are trampled upon by the AKP (Adalet ve Kalkinma Partisi = The Justice and Development Party).

Those three foundation principles are: (1) operate independently from government; (2) serve the public interest (not government interest); and, (3) standards development procedures shall be based upon consensus — the achieving of consensus among all interested parties («consensus» as defined by the CAN - P - 1:2012 text, pp. 21 - 22).

It seems to me that if legal advice obtained by one person is passed on to another person for the sake of informing that other person in confidence of legal advice which that person needs to know by reason of a sufficient common interest between them, then it would be contrary to the principle upon which all legal professional privilege is granted to say that the legal advice which was privileged in the hands of the first party should be lost when passed over in confidence to the second party, merely because it was not done in the context of pending or contemplated litigation.

This power of the Chief Justice may be exercised by her either suo motu, or upon a report made to her by the trial Judge, or by an application to her by any of the parties or persons interested in the matter.

In a petition for a post grant review, the petitioner must by statute (i) identify all real parties in interest; (ii) identify all claims challenged and all grounds on which the challenge to each claim is based; and (iii) provide copies of evidence relied upon.

The dissent by Justice O'Ferrall, however, analyzed and compared how the significance of privacy interests may vary depending upon the degree of intrusion irrespective of whether the object of the search or seizure is possessed by a third party.

In the era of Big Data, the cyber security interests of the individual are dependent upon the protection of personal information often held by third parties such as corporations, governments and institutions.

The court, upon the motion of either party or upon its own motion, may make provisions for parenting time that the court finds are in the child's best interests unless the court finds, after a hearing, that parenting time by the party would endanger the child's physical health or significantly impair the child's emotional development.

This offer is conditional upon the Buyer herein being approved by the First Mortgagee within Twenty (20) business days (excluding Saturday, Sunday and statutory holidays) from the final date of acceptance, failing which the Buyer shall notify Seller's Lawyer and the Seller in writing within the specified period of time and then this transaction shall forthwith be terminated and the Buyer's deposit shall be returned to the Buyer in full immediately, with any accrued interest and without the requirement of a mutual release and the parties are hereby released from any liability without the signing of such release.

A land trust is used for «escrow» purposes so that no party is able to cheat or abuse the other in any way (i.e., from inception, the title is held by Equity Holding Corporation) and the participants are beneficiaries of the trust with their specific percentages of beneficiary interest, which percentages are used as the basis for the division and distribution of net proceeds on sale or upon the owner's refinance.

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained