Sentences with phrase «upon fees such»

Not exact matches

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys» fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

The depositary may reimburse us for certain expenses incurred by us in respect of the ADR program, by making available a portion of the ADS fees charged in respect of the ADR program or otherwise, upon such terms and conditions as we and the depositary agree from time to time.

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.

(vii) Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;

Clearly, when a player moves for such a fee, there is tremendous pressure heaped upon them, not to mention intense scrutiny from pundits and fans.

Such fees are not allowed as a matter of right; any award must depend upon the financial circumstances and earnings of both parties.

Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security.

If you're responsible for any outstanding payments, such as excess wear and use, excessive miles, and any other end - of - term obligations previously agreed upon, you will need to pay those fees at this time.

Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use and display such Digital Content an unlimited number of times, solely on the Device or as authorized by Amazon as part of the Service and solely for your personal, non-commercial use.

Honest lenders fully credit customers for any such payments that would otherwise increase the bank, lender, or broker's fee beyond what was agreed upon.

It is sad that many stockbrokers and pundits in the financial community criticize whole life insurance for young people based upon various suggestions such as «high fees» OR the time needed to realize value.

In most cases, such an agent will not charge you a direct fee, but instead will split the commission that the seller's agent receives upon sale of the home.

Additionally, if the level of the underlying index or the VWAP level, is insufficient to offset the negative effect of the investor fee and other applicable costs, you will lose some or all of your investment at maturity or upon redemption, even if the value of such index or the VWAP level has increased or decreased, as the case may be.

Any such performance adjustment to the management fee will be applied monthly based upon the 36 - month rolling performance of the fund versus the applicable index.

If, after you have consented to the terms and conditions of this Consent Form, a change in the hardware or software requirements needed to access or retain documents electronically creates a material risk that you will not be able to access or retain subsequent documents delivered electronically, upon request, the lender will provide you with a statement of the revised hardware and software requirements for access to, and retention of, the documents, and the right to withdraw your consent without imposition of any fees for such withdrawal, and without imposition of any condition or consequence that was not disclosed in this Consent Form.

Additionally, if the level of the underlying index is insufficient to offset the negative effect of the investor fee and other applicable costs, you will lose some or all of your investment at maturity or upon redemption, even if the value of such index level has increased or decreased, as the case may be.

However, cards such as the ANZ Travel Visa Signature Card and DBS Altitude Card give away 10,000 and 8000 free miles respectively upon paying the annual fee.

In addition to any other authority conferred upon the commissioner by this Part or this Chapter, the commissioner may order refunds of the unauthorized portion of any fee or charge a person collects in violation of this Part, and may impose a penalty not exceeding one thousand dollars per violation upon any person who he has determined to have committed such violation.

No new license shall be issued upon the filing of a new application by any person against whom any penalty or fee has been imposed unless and until such penalty or fee previously accrued under this Section has been paid.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

The annual fee is composed of components such as front - end (charged at time of purchase) or back - end load (charged upon sell) and 12B - 1 (market fee bundled into overall fee).

There are also other fees that you should watch out for such as application fees or pre-payment fees, which make you pay a penalty if you decide to repay your loan faster than agreed upon.

All such cases are welcomed, regardless of the day or the hour, and appropriate time is devoted to the care of these patients.Other projects are possible, and fees will be based upon hourly rates.

Every member shall upon payment of the entrance fee and subscription become entitled to the benefits of the Club as provided in the Rules and such payment shall be deemed a declaration of his / her acquiescence in and acceptance of the following rules and amendments thereto.

Upon impoundment of an animal that has no proof of current vaccinations, said animal may be vaccinated in an effort to protect said animal from diseases common to the species, and the owner or attendant of such animal shall be liable for a fee of six dollars ($ 6.00) to the animal shelter.

The adoption fee sometimes also covers exceptional veterinary treatment that was required upon intake for animals in our Underdogs & Undercats and GrandPaws programs, such as an eye removal or a limb amputation.

Upon approval of the Board of Directors, any association service of interest to non-members may be furnished to them without discrimination, upon payment of a reasonable fee to cover the cost of such serviUpon approval of the Board of Directors, any association service of interest to non-members may be furnished to them without discrimination, upon payment of a reasonable fee to cover the cost of such serviupon payment of a reasonable fee to cover the cost of such services.

Our shelter partners provide at least one additional benefit to you upon adoption, such as pet training, «day one» essentials or adoption fee discounts.

Chase has different offers for the Marriot Rewards Premier cards, and you might be better off waiting for an offer that waives the annual fee and gives you a free night upon approval, such as this one.

Mosaic status comes with benefits such as waived change and cancellation fees, two free checked bags, 15,000 bonus points upon qualification, and faster points earnings.

Preferred seats, such as front row seats for quick disembarking or seats with extra legroom, can be reserved for a higher fee upon availability on a first come first served basis.

Finally, there are other premium travel benefits that can be enjoyable such as access to airport lounges and fee credits for expedited access to domestic security screening upon departure and U.S. Customs and Immigration upon arrival.

The first night room and tax is generally billed upon reservation however, guests are responsible for the remainder of the nights and any applicable charges such as daily Resort Fees and incidental deposit.

Digital Extremes may, from time to time, modify, amend, or supplement its fees and fee - billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game.

You have the right, under the Data Protection Act 1998, to receive information about the personal information which we hold about you upon making a written request and payment of a fee, which covers our administration costs in providing such information.

He then embarked upon his now iconic series exploring particular motifs such as robes — which signify a kind of self - portrait — and hearts, which for Dine serve as a symbol of genuine feeing.

According to Rule 1.5 (e), such a division is permissible in only two instances: (1) the lawyers may agree to divide the work involved in the representation and divide the fee based upon the proportion of the work performed by each or (2) they may both accept joint responsibility for the representation.

When child custody jurisdiction is based solely upon the child's residence, and not upon the defendant's residence, does the family court have jurisdiction to require the defendant to pay any costs (such as guardian fees)?

With regard to jury research, generally fees are charged on a 1/2 day basis and can vary significantly depending upon factors such as: venue, size of the jury pool, the number of mock trials required, and the type of research facility and technology to be utilized.

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

In cases in which the opposing party has sought fees, the family court has uniformly required disclosure of billing records when that party has refused to provide me such records upon a claim of privilege.

«We are trying to drive down our external counsel cost spend and we have an arrangement that is such that if we use counsel from a smaller office of a major firm our fee structure is based upon that.

The above arguments are based upon the constitutional law doctrine of «structural argumentation» (see: Robin M. Elliott, «References, Structural Argumentation and the Organizing Principles of Canada's Constitution» (2000), 80 Canadian Bar Review 67, and decisions such as the, Reference Re Manitoba Language Rights, [1985] 1 S.C.R. 721, [1985] S.C.J. No. 36, the, Reference Re Secession of Québec, [1999] S.C.J. No. 4, [1998] 2 SCR 217, and the, Reference re Remuneration of Judges, [1997] S.C.J. No. 75, [1997] 3 S.C.R. 3, to argue that the need for access to the rule of law, and to constitutional rights and freedoms, dictate that law societies in Canada can not enforce a monopoly over the provision of legal services that enables their members to charge fees of whatever size they see fit.

By re-aligning relationships and promoting value - based fee arrangements and other management tactics, such as project management, process improvement, efficient use of technology and knowledge management tools, the market for the delivery of legal services benefits from the same insights and wisdom upon which every other service industry relies to provide world - class value to their clients.

based upon a person's payment of the statutory fee and signed «Authorized Relative Certification», attesting to the fact that the person is authorized to receive such records under this Section.

Required the Attorney General, upon making his or her written determination, to request proposals from private attorneys to represent the Department of Legal Affairs on contingency - fee basis unless the Attorney General determined in writing that requesting such proposals were not feasible under the circumstances.

For instance, NJ DUI points may not be assigned upon conviction of such offense, but other penalties, including steep fines, fees and surcharges, immediate license suspensions, jail time, community service and more will be issued.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys» fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.