Sentences with phrase «use the provision applicable»

Not exact matches

The invalidity of any term, condition or provision of the Terms of Use shall not affect the enforceability of those portions of the Terms of Use deemed enforceable by applicable courts of law.

Non-GMO Project hereby grants you a non-exclusive, revocable license to use the Website and any materials provided via the website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not reproduce, copy, distribute, or make derivative works of the Website, the Standard (except for the limited right to download a personal copy of the Standard), or any other materials form the Website, in any medium without Non-GMO Project's prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws.

The technical evaluation of projects may require the provision of additional data such as information on the genetic modification of your mutant mouse line if applicable (e.g. affected gene, MGI ID of the gene, type of mutation, ES - cell line used, genetic background (e.g. number of backcross generations), safety level, description of DNA modification, vector, remaining non-recipient DNA, donor organism), mutant phenotype (s), special housing or care requirements, current sanitary status, and intellectual property rights (who generated the mouse line, owner of the mouse line)

Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky.

(c) If you object to any provision of these terms and conditions and / or the privacy (as applicable from time to time) you must immediately cease accessing and using the website.

A full choice and selection of television and radio channels available from us from time to time, territory permitting and which may be subject to subscription charges for access where applicable, with the ability to upload your own content subject to adherence of our general terms of use and the provisions of this Agreement, (together referred to as «the Services»).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nebraska School Nurses Association AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nebraska School Nurses Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nebraska School Nurses Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nebraska School Nurses Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nebraska School Nurses Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nebraska School Nurses Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Our collection, use, and disclosure of Student Data is governed by our agreements with the School, in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA) and applicable state laws, and by other state, federal, and international laws as applicable.

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

Any notice of a meeting or election to members given by Learning Forward, and any notice whatsoever required to be given under the provisions of these Bylaws to any member, Director, officer or committee member for any other reason, may be given in writing by mail, or by telegraph, telex, cable, wireless, facsimile, e-mail or other electronic mail, or any other means of electronic transmission (referred to below as «being given by the use of authorized communications equipment»), addressed or transmitted to such person at such address as appears on the books and records of Learning Forward, or by publication on the Learning Forward website, or in any manner permitted by applicable law.

The term «Federal share» means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this ACT and as specifically set forth in section 301 (b)(3): Provided, That with respect to * payments pursuant to part B of title I of this ACT to any State which are used * to meet the costs of construction of those REHABILITATION facilities identified in section 103 (b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301 (b)(3) applicable with respect to that State and that, for the purpose of determining the non - Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and conditions as the Secretary shall by regulation prescribe, be regarded as expenditures by such State.

Subsequent to DOT's establishment of the pilot program, Congress enacted Section 192 as a General Provision in the Consolidated Appropriations Act, 2016, that expressly authorizes DOT to permit the use of hiring preferences for construction projects if the grantee certifies that a pool of readily available but unemployed skilled individuals are available to meet the preference, that it will include a provision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation ImprovementProvision in the Consolidated Appropriations Act, 2016, that expressly authorizes DOT to permit the use of hiring preferences for construction projects if the grantee certifies that a pool of readily available but unemployed skilled individuals are available to meet the preference, that it will include a provision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvementprovision in its bid document ensuring that the contractor will not displace any employees in order to meet the preference, and that any increase in costs will not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program.

(d) Banks and credit unions may reproduce and maintain records and documents in conformity with this section as long as the reproduction and maintenance methods used do not conflict with any other provisions of this code applicable to banks or credit unions or with any rule of the commissioner of banking.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Healthy Paws AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Healthy Paws WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Healthy Paws WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Healthy Paws WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Healthy Paws WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Healthy Paws OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

Excludes the following units from consideration as major emitting facilities or major stationary sources (or parts thereof) for purposes of compliance with provisions concerning prevention of significant deterioration of air quality and plan requirements for nonattainment areas: (1) those that are subject to the performance standards of this Act; or (2) those with properly operated and maintained equipment to limit particulate matter emissions or subject to a permit under an applicable implementation plan that provides a specified particulate matter emissions limitation and that use good combustion practices to minimize carbon monoxide emissions.

By accessing this site, it is agreed that the laws of the Province of British Columbia and the laws of Canada applicable therein governs any interpretation, validity and effect of the terms of use, notwithstanding any conflict of laws relating to such provisions and jurisdiction from where you may be accessing this website.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SmartAdvocate ® - The best plaintiff personal injury case management software AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SmartAdvocate ® - The best plaintiff personal injury case management software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Accordingly, the use of the term «regulatory act» in the draft amendment of that provision made it possible to identify the category of acts which might thereafter be the subject of an action for annulment under conditions less stringent than previously, while maintaining «a restrictive approach in relation to actions by individuals against legislative acts (for which the «of direct and individual concern» condition remains applicable)» (see, inter alia, Secretariat of the European Convention, Final report of the discussion circle on the Court of Justice of 25 March 2003, CONV 636/03, paragraph 22, and Cover note from the Praesidium to the Convention of 12 May 2003, CONV 734/03, p. 20).

If you are a client of Ryan Ryan Deluca LLP, nothing in this policy or terms of use is intended to supersede or modify any provision in your engagement letter or any other agreement concerning any applicable privilege or the attorney - client relationship.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Colorado Lawyers Helping Lawyers AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Colorado Lawyers Helping Lawyers WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Colorado Lawyers Helping Lawyers WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Colorado Lawyers Helping Lawyers OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If any person knowingly violates any of the provisions of G.S. 84 - 4 through G.S. 84 - 6 or G.S. 84 - 9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use of the designations set forth in G.S. 84 - 37 (a), or knowingly aids and abets another person to commit the unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable law, any person who is damaged by the unlawful acts set out in this section shall be entitled to maintain a private cause of action to recover damages and reasonable attorneys» fees and other injunctive relief as ordered by court.

Although such use of a competitor's name as a keyword in advertising programs does not in the opinion of the Committee involve a violation of the Texas Disciplinary Rules, a Texas lawyer's participation in such an advertising program must comply with the other provisions of the Texas Disciplinary Rules applicable to advertising, in particular Disciplinary Rule 7.04 on advertisements in the public media.

Notwithstanding other sections of this subpart, the following provisions apply to use or disclosure by a covered entity of protected health information pursuant to a consent, authorization, or other express legal permission obtained from an individual permitting the use or disclosure of protected health information, if the consent, authorization, or other express legal permission was obtained from an individual before the applicable compliance date of this subpart and does not comply with § § 164.506 or 164.508 of this subpart.

You agree not to use the data obtained through this website for any unlawful purposes, including but not limited to violations of state and federal employment laws and provisions applicable to the FCRA and you understand that our systems or those of the Department may experience occasional downtime due to maintenance, network connectivity or other issues.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Inspire Careers Inc Outplacement, Career Coaching and Career Consulting AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Inspire Careers Inc Outplacement, Career Coaching and Career Consulting WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Inspire Careers Inc Outplacement, Career Coaching and Career Consulting WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Inspire Careers Inc Outplacement, Career Coaching and Career Consulting WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Inspire Careers Inc Outplacement, Career Coaching and Career Consulting WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Inspire Careers Inc Outplacement, Career Coaching and Career Consulting OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, «Indemnified Parties» and each, individually, an «Indemnified Party») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement.

Real estate practitioners who need to obtain consumer credit reports should familiarize themselves with the applicable provisions of the FCRA as well as state laws governing the use of credit reports.

If you are a Real Estate Professional User, you acknowledge and agree that you are solely responsible for your use of the Elm Street Website and compliance with any laws and regulations relating to the provision of real estate brokerage and agent services, including, without limitation, satisfying all applicable agency, non-agency, and other disclosure obligations, execution of any required agreements, and compliance with the policies of your MLS.