There are also various pieces of language that reinforce the actions authorizers need to take in
using performance contracts and rigorous approaches to charter oversight.
Not exact matches
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.
In theory the
performance of the hedge class NAV will track the currency of the base class NAV, in practice they will differ slightly due to factors such as the timing (the FX currency
contracts used to provide the hedge will generally be executed
using the NAV of the on the previous day) and costs of the hedging.
This structure may be different from other DMBA ETPs that seek to track the
performance of the price of Bitcoins or other Digital Math - Based Assets through the
use of futures
contracts or through derivative instruments.
In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of
use, data or profits, whether in an action of
contract, negligence or other tortuous action, arising out of or in connection with the
use or
performance of software, documents, provision of or failure to provide services, or information available from the services.
Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the
use of, or the inability to
use, this website or any materials in this website, whether in an action of
contract, negligence or otherwise, arising out of or in connection with the
use or
performance of this website or information available in this website.
It sadly is Sue, we have a divided fan base, an majority shareholder who is (in my opinion)
using our clubs assets to secure lending on his other sporting investments, a board who quite frankly see us fans as customers rather than supporters as shown by the chairman's AGMs
performance, players who aren't signing new
contracts, if you cut Ian Wright and others open you'd see cannons in their blood with some of our players now you'd find image rights and pound signs.
With Toro Rosso likely to be
using Honda engines next year, Red Bull was going to keep a close eye on the
performance and potentially make the switch to Honda itself for 2019, as that's when its
contract with Renault comes to an end.
«I urge all school districts
using private food vendors to examine their
contracts and the
performance of those vendors.»
Ian Lawrence, head of the National Association of Probation Workers (Napo), told me that the CRCs» poor
performance is the result of financial difficulties and unsuitable models being
used to supervise offenders — something he believes is incentivised by the profit motive involved in the running of the
contracts.
Additionally, saying it saves time and money and provides greater flexibility, the administration has expanded
use of combining the design and building elements of a project and awarding the
contract to the best overall bidder based on its
performance record and extent of its resources.
Rensselaer County officials took part in a recent «fact - finding» meeting with members of Attorney General Eric Schneiderman's Taxpayer Protection Bureau to address questions about the county's
use of «energy
performance contracts,» a specialized development tool that allows municipalities to make shortcuts in the usual procurement process.
The commissioner says New York teachers who are seeking more input into standardized tests that will be
used to rate their
performance, will get more chances to design tests going forward, under a new
contract signed with testing company Questar.
The commissioner said New York teachers, who are seeking more input into standardized tests that will be
used to rate their
performance, will get more chances to design tests going forward, under a new
contract signed with testing company Questar.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO
USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We can also
use innovative mechanisms to stimulate innovation, such as offering prizes for specified technological breakthroughs and
using energy savings
performance contracts to support deployment of advanced energy efficiency technologies in buildings.
The Weston A. Price Foundation parties will not be liable under any circumstances for any damages, including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind, whether in an action in
contract or negligence, arising or relating in any way to any party's
use of or inability to
use the content of this website or any third - party site to which this site is linked, or in connection with any failure of
performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Weston A. Price Foundation parties are advised of the possibility of such damages, losses or expenses.
IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER
CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO
USE OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CPARS hosts a suite of web - enabled applications that are
used to document contractor and grantee
performance information that is required These printable behavior
contracts are designed to improve teen behavior.
The Jefferson County, Kentucky,
contract, for example, mandates that the district may not
use student test scores «in any way to evaluate the work
performance of employees unless they agree voluntarily.»
But, if states and school districts continue to insist on
using state standards and tests to judge school
performance, then the for - profits will be pushed to compete for
contracts and clientele on the basis of a narrower set of criteria.
We — Chad Aldeman, Kelly Robson, and I — were going to figure out how to
use the
performance -
contract approach to re-envision ESEA.
L.A. Unified is looking to pilot a teacher evaluation program that will
use student test data in measuring
performance; Deasy made clear that this will come up during the district's
contract negotiations with the AFT.
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.
Many districts could not afford the upfront capital cost of new systems, so they
used methods such as
performance contracting, in which an energy service company paid the initial cost of a new system and received reimbursement as the new system generated cost savings.
Collective bargaining
contracts are especially problematic on three fronts: 1) they restrict efforts to
use compensation as a tool to recruit, reward and retain the most essential and effective teachers, 2) they impede attempts to assign or remove teachers on the basis of fit or
performance and 3) they over-regulate school life with work rules that stifle creative problem solving without demonstrably improving teachers» ability to serve students.»
D. Out of this appropriation, $ 138,500 the first year and $ 138,500 the second year from the general fund shall be
used to provide
performance evaluation training to teachers, principals, division superintendents, and other affected school division personnel in support of the transition from continuing employment
contracts to annual employment
contracts for teachers and principals.
The recent teacher strike in Chicago was due in part to a
contract dispute about the extent to which student test scores should be
used to rate a teacher's
performance.
The Portland, Oregon, teachers» union's new
contract «bars the
use of student
performance on standardized tests as a basis for involuntary transfers, layoffs, placement on the salary schedule, and / or disciplinary language.»
(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.
(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.
(j) The Contractor shall afford the Government access to the Contractors and subcontractors facilities, installations, operations, documentation, databases and personnel
used in
performance of the
contract.
For purposes of the clause entitled «Loss of or Damage to Leased Aircraft,» the fair market value of the aircraft to be
used in the
performance of this
contract shall be the lesser of the two values set out in paragraphs (a) and (b) below:
These ProShares ETFs are non-diversified and entail certain risks, which may include risks associated with the
use of derivatives (such as swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
ProShares ETFs are generally non-diversified and each entails certain risks, including risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
This ProShares ETF is non-diversified and entails certain risks, which may include risks associated with the
use of derivatives (such as swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
These Funds are non-diversified and entail certain risks, including risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, and market price variance, all of which can increase volatility and decrease
performance.
These ProShares are non-diversified and entail certain risks, including risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
ProShares are non-diversified and entail certain risks, including risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
ProShares ETFs are generally non-diversified and each entails certain risks, including risks associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), leverage and market price variance, all of which can increase volatility and decrease
performance.
Short ProShares and ProFunds should lose value when their market indexes rise, and they entail certain risks, including, in some or all cases: aggressive investment techniques, including the
use of futures
contracts, options, forward
contracts, swap agreements and similar instruments; inverse correlation; and market price variance risks, all of which can increase volatility and decrease
performance.
CAN seeks to reflect, in Canadian dollars and net of expenses, the
performance of the Canadian dollar relative to the U.S. dollar, by primarily investing in Canadian dollar denominated cash and cash equivalents, and
using forward currency agreements and / or futures
contracts.
ProShares are non-diversified and each entails certain risks, which may include risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
These ProShares ETFs are diversified and entail certain risks, including risks associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
ProShares are generally non-diversified and entail certain risks, including risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
These ProShares ETFs are diversified and entails certain risks, including risks associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
This ProShares ETF is diversified and entails certain risks, including risks associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.
HTH
uses a total return swap
contract to replicate the
performance of the Solactive US 7 - 10 Year Treasury Bond CAD Hedged Index (Total Return).
ProShares are generally non-diversified and each entails certain risks, which may include risk associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, and market price variance, all of which can increase volatility and decrease
performance.
ProShares ETFs are generally non-diversified and each entails certain risks, including risks associated with the
use of derivatives (swap agreements, futures
contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease
performance.