Sentences with phrase «use of the other party»

Now, I'm no pro pinballer so I often ended up losing my party members every once in a while and found I needed to spend or save all my excess mana to revive them, which meant I felt like I could never really make use of my other party member's special abilities.

If you want to make use of the other party, it's important that everything is set appropriately.

If the trademark holder can demonstrate the likelihood of confusion, then the second step involves the defendant showing that its use of the other party's trademarked terms is «fair».

A party raising this defense must show three things: first, the use of the other party's mark is necessary to describe both parties products and services; second, the party only uses so much of the mark as necessary to describe its goods and services; and finally, the party's conduct or language reflect the true and accurate relationship between the parties.

Not exact matches

Fraternity keggers, birthday revelry, and other events involving lots of alcohol remain popular but not exclusive Tilt uses; its website has separate pages devoted to Tilt - enabled «parties,» «Greek life,» and «fundraisers.»

The Company considers EBITDA to be an important measure used to evaluate operating performance, and the measure is frequently used by securities analysts, investors and other interested parties in the evaluation of companies in the industry, but this figure should not be considered in isolation.

These risks and uncertainties include, among others: the unfavorable outcome of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any of our products or products using our proprietary technologies, which may lead to competition from generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence of efficacy and adequacy of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results of our clinical development activities may not be positive, or predictive of real - world results or of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights of third parties, or have unintended side effects, adverse reactions or incidents of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.

«We have made visible actions in deploying US forces as part of the coalition in and around Manbij to reassure and deter — that's to deter parties from attacking any other parties other than ISIS itself,» he said, using another acronym for IS.

To the extent your User Content contains other materials or elements owned by NBCUniversal or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and NBCUniversal.

For example, Waze may record the frequency and scope of your use of the Services, the duration of your sessions, the web pages that you visit, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet protocol (IP) address and the name of the domain that serve you to access the Services, and the geographic location of the computer system that you are using to log - in.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

The four conglomerates originated in different sectors, but their underlying business model is the same: cultivate powerful allies in the Communist Party; use those relationships to win regulatory and property concessions; gather investment from friends, family and other proxies of party elites into a murky, unregulated private holding company; borrow heavily from state - owed banks and other sources to finance prodigious growth plans; invest as aggressively as possible in stock and property overseas as a hedge against slower growth in China and the risk of a weaker Chinese currParty; use those relationships to win regulatory and property concessions; gather investment from friends, family and other proxies of party elites into a murky, unregulated private holding company; borrow heavily from state - owed banks and other sources to finance prodigious growth plans; invest as aggressively as possible in stock and property overseas as a hedge against slower growth in China and the risk of a weaker Chinese currparty elites into a murky, unregulated private holding company; borrow heavily from state - owed banks and other sources to finance prodigious growth plans; invest as aggressively as possible in stock and property overseas as a hedge against slower growth in China and the risk of a weaker Chinese currency.

The company considers NAREIT FFO an important supplemental measure of our operating performance and believes it is frequently used by securities analysts, investors and other interested parties in the evaluation of REITs, many of which present NAREIT FFO when reporting results.

Luckily, MacMillan said that he always uses a third - party service called If This Then That to post images and other content to Instagram and Facebook, so he had a permanent copy of the image and the caption.

To do it, they recommend that companies create a data - security policy, use software or hardware appropriate to a particular situation and require any outside party that's privy to sensitive company information to sign a non-disclosure or other types of contracts.

The smart speaker can stream music in any room of the house, is powerful enough to provide beats for a party and can be used with other Sonos speakers to create stereo - quality surround sound.

Without a joint understanding of the metric used to measure success, one party may be under the impression that a project is going well, while the other is woefully disappointed.

The evaluation of these candidates may be based solely upon information provided to the committee or may also include discussions with persons familiar with the candidate, an interview of the candidate, or other actions the Nominating and Corporate Governance Committee deems appropriate, including the use of third parties to review candidates.

Advice is in the retirement investor's best interest when the advice is rendered «with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, based on the investment objectives, risk tolerance, financial circumstances, and needs of the Retirement Investor, without regard to the financial or other interests of the Adviser, Financial Institution, or any Affiliate, Related Entity, or other party.»

The evaluation of these candidates may be based solely upon information provided to the committee or may also include discussions with persons familiar with the candidate, an interview of the candidate, or other actions the committee deems appropriate, including the use of third parties to review candidates.

Update: A spokesperson for the ICO said is investigating 30 organizations, including Facebook, as part of its probe into the use of personal data and analytics by political campaigns, parties, social media companies and other commercial actors.

Cambridge Analytica used this and other data — collected from data brokers and other sources — to fuel its Project Ripon, an effort to win Republican races that was named for the birthplace of the party, Ripon, Wisconsin.

It consisted of dozens of questions often used by psychology researchers to assess personality, such as whether the respondent prefers to be alone, tries to lead others and loves large parties (the answer choices range from «disagree strongly» to «agree strongly»).

The Outer Space Treaty — officially it is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space — declares that «the moon and other celestial bodies shall be used by all states parties to the treaty exclusively for peaceful purposes.»

We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our Products, services, upcoming events, recipes, and special promotions and those of our third - party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you.

Collective use of the platform by schools and other educational groups means that, just as with third - party app developers, some organizations still require you to have a Facebook account in order to access information and services.

You should check the applicable third - party privacy policy and terms of use when visiting any other websites.

When real estate is being used as collateral, banks and other regulated lenders are required by law to obtain third - party valuation on transactions of $ 50,000 or more.»

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges)(collectively, as applicable, an «Order»).

By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Daily Harvest account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third paruse of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third parUse, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

Hedging strategies generally involve the use of derivatives which may subject an investor to increased volatility and counterparty risk, which is the risk that the other party in the transaction will not fulfill its contractual obligation.

This scandal is only the latest in a string of worrisome disclosures about the use of social media by third parties, from foreign governments and electoral candidates to law enforcement agencies, to spy on the activities of users — especially immigrant, Black and other vulnerable communities.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of GrowthCap or such third party, which may own the marks.

Except to the extent prohibited by law, Leith Wheeler, its directors, officers, employees and agents will not be liable to you or any one else for any consequential, incidental, special or indirect damage to your computer, loss or corruption of data, loss of profit, any losses that result from use of this website or any products or service deleted on this website which you suffer arising from your use, or inability to use, this website, whether or not, the circumstances giving rise to such loss or damage may within the control of Leith Wheeler within the control of any other party providing software or services support for this website.

You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys» fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third - party networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see or to gather other statisOther technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third - party networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see or to gather other statisother statistics.

The Company is not responsible for the terms of use or privacy or security policies at Twitter, LinkedIn or any third party sites that may be linked to by the Sites or other Twitter or LinkedIn pages.

The Funds» use of derivatives may reduce the Funds» returns and / or increase volatility and subject the Funds to counterparty risk, which is the risk that the other party in the transaction will not fulfill its contractual obligation.

We may also share client data with other third party data processors who facilitate our provision of the services requested by the client and who are prohibited from using client data except for such purpose.

This means that when you use the Services, we or third party service providers or advertisers may use cookies (that they collect or that we provide to them) or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different websites and devices.

In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or (v) use your Merchant Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

If negotiators believe China would not follow up on its commitments, Canada could use a form of regulatory reciprocity to phase out tariffs or other barriers to trade based on whether each party has successfully implemented its previous commitments.

Under the other TRAs, we generally will be required to pay to each Reorganization Party described under «Organizational Structure» approximately 85 % of the amount of savings, if any, in U.S. federal, state and local income tax that we are deemed to realize (using the actual U.S. federal income tax rate and an assumed combined state and local income tax rate) as a result of:

We take steps to protect the security, integrity and confidentiality of the personal information and other sensitive information that we collect, store or transmit, but can not guarantee that inadvertent or unauthorized use or disclosure will not occur or that third parties will not gain unauthorized access to this information despite our efforts.

Neither MSCI nor any other third party involved in or related to compiling, computing or creating the MSCI data (the «MSCI Parties») makes any express or implied warranties or representations with respect to such data (or the results to be obtained by the use thereof), and the MSCI Parties hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to such data.

Using the exchange approach requires each party to offer something of value to the other party.

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to: (a) improve your browsing experience by personalizing the Websites and to improve the Subscription Services; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully - selected third parties which we think may be of interest to you, and (d) provide other companies with statistical information about our users — but this information will not be used to identify any individual user.