Sentences with phrase «vary by agreement»

The court will order reasonable visitation according to the age of the child, but the amount of visitation can vary by agreement between the parents.

These repurchase rights lapse over the vesting term, which varies by agreement.

continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but

This contract may only be varied by agreement in writing between the company and the passenger.

This contract is subject to the laws of Indonesia and may only be varied by agreement in writing between the company and the passenger.

Not exact matches

Adjusted Net Income is defined as net income excluding (i) franchise agreement amortization, which is a non-cash expense arising as a result of acquisition accounting that may hinder the comparability of our operating results to our industry peers, (ii) amortization of deferred financing costs and debt issuance discount, a non-cash component of interest expense, and (gains) losses on early extinguishment of debt, which are non-cash charges that vary by the timing, terms and size of debt financing transactions, (iii)(income) loss from equity method investments, net of cash distributions received from equity method investments, (iv) other operating expenses (income), net, and (v) other specifically identified costs associated with non-recurring projects.

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.

Yet, even if the preferred outcomes might vary, there has been a general degree of agreement about the need to employ a process that respects the words of the Constitution by not reading new meanings into them and instead defers to democratic institutions.

(2) Within 6 months after being bound by this code, the retailer must offer in writing to vary the agreement so that it conforms with the requirements of this code in relation to making grocery supply agreements.

The Anfield club are in no rush to sell the Brazilian and would prefer to hold on to him until the summer, but the numbers that have been [informally] offered by Barcelona vary depending on when the transfer is concluded i.e. when he leaves for them and not just when an agreement is signed and publicly announced like Leipzig's deal with Liverpool for Naby Keïta.

Issues such as drafting a co-parenting agreement, understanding what the law requires of parents, and even figuring out just who is a legal parent can vary by jurisdiction.

Though there is supposed to be a periodic review of the contract between the RSML and the NRSC every 5 years, there is no mechanism other than by mutual agreement and consent to actually vary any of the terms.

Notwithstanding the fact that the Agreement was ratified by Parliament without objection (s), the current Parliament pursuant to a motion filed by NPP MP, Hon KT Hammond, to have the Ameri transaction varied or reviewed by Parliament.

The accounting treatment for some aspects of expenditures associated with the agreement is subject to varying opinions by expert accountants.

Specifically, the following predictions are expected to be met: i) fish attraction toward the robotic fish should vary as the visual cues offered by the robotic fish are varied, in agreement with similar observations for zebrafish in [35]--[37]; ii) fish attraction should vary as a function of the robotic fish tail - beat frequency, as suggested in [60] and observed in [20]; and iii) the highest attraction should be reached when both visual and flow cues from the live fish are simultaneously integrated in the robotic fish prototype.

Perceptions of scientific consensus also tend to vary by age with younger generations (ages 18 to 49) more likely than older ones to see scientists as in agreement on these topics.

l)» Terms and Conditions» the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by BeautifulPeople at its full discretion at any time and published accordingly on the Web Site.

2.9 «Terms & Conditions» means these terms and conditions which, together with the Privacy Policy, represent the Agreement between you and the Company, as varied and as amended by the Company at its full discretion at any time and published on the Websites.

These agreements vary by school.

A spokesperson for TKAT, who run more than 40 academies in London and the south of England, said: «Severance payments are calculated on an individual basis with employees and vary by school, depending on contractual agreements and other criteria.

(2) These T&C shall exclusively apply, save as varied by express agreement accepted in writing by both parties.

ST2, Overhead Console, HID Cornering Headlamps, Power Moonroof, Radio: Sony Audio System, single - CD, SiriusXM Radio, HD Radio and 10 speakers, SiriusXM audio and data services each require a subscription sold separately, or as a package, by Sirius XM Radio Inc, If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then - current rates, Fees and taxes apply, To cancel you must call SiriusXM at 1-866-635-2349, See SiriusXM Customer Agreement for complete terms at www.siriusxm.com, All fees and programming subject to change, Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc, SYNC 3 Communications & Entertainment System, enhanced voice recognition, 8» LCD capacitive touchscreen in center stack w / swipe capability, AppLink, 911 Assist, Apple CarPlay and Android Auto compatability, 2 Smart Charging USB ports,; Bluetooth and steering wheel controls, Sirius XM service is not available in Alaska and Hawaii, SYNC AppLink lets you control some of your favorite compatible mobile apps w / your voice, It is compatible w / select smartphone platforms, Commands may vary by phone and AppLink software, Dual - Zone Electronic Automatic Temperature Control, ST3, Heated Sideview Mirrors, Heated 3 Point Steering Wheel, Rear Armrest, SecuriCode Keyless - Entry Keypad, Ambient Lighting, Voice Activated Touchscreen Navigation, pinch - to - zoom capability, SiriusXM Traffic and Travel Link w / a 5 - year prepaid subscription, SiriusXM Traffic and Travel Link services are not available in Alaska and Hawaii, SiriusXM audio and data services each require a subscription sold separately, or as a package, by Sirius XM Radio Inc, If you decide to continue service after your trial,; the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then - current rates, Fees and taxes apply, To cancel you must call SiriusXM at 1-866-635-2349, See SiriusXM Customer Agreement for complete terms at www.siriusxm.com, All fees and programming subject to change, Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc, Carbon Fiber Interior Accent Package, boost gauge bezel, door grab handle inserts, e-brake handle and shift knob

Refunds for subsequent cancellations vary by state regulations and are described in the Extended Limited Warranty Agreement.

An e-book retailer that enters an agency agreement with a Settling Defendant under Section VI.B would be permitted to discount that Settling Defendant's individual e-book titles by varying amounts (for example, some could be «buy one get one free,» some could be half off, and others could have no discount), as long as the total dollar amount spent on discounts or other promotions did not exceed in the aggregate the retailer's full commission from the Settling Defendant over a one - year period.

Additionally, you may be assessed with a returned item charge if any check or electronic payment is returned unpaid (late fee and returned item fees vary by state — see your loan agreements for specific details).

Through the end of 2017, the fees of each Principal CIT consisted of four components: a trustee fee of.04 %, set by the Declaration of Trust; operating expenses, which are deducted from the trust; the service fee, which varies based upon the share class selected in the participation agreement, and ranges from 0 bps to 110 bps; and the «fees charged by the underlying investments in the Principal CIT.»

You can arrange an upward variation by entering into an agreement with your payer to vary the rate or amount of withholding.

The timing of a home inspection will vary by state but, generally, they're performed after the buyer and seller have reached an agreement on the sale of a home.

The fund normally invests at least 80 % of its assets in a diversified portfolio of Fixed Income Instruments of varying maturities, which may be represented by forwards or derivatives such as options, futures contracts or swap agreements.

This is due in part to the fact that published normals vary by as much as 100 points on hepatic enzymes, indicating that little agreement exists as to what is indeed «normal» for a rabbit.1 This inexactitude is precisely what the HRS Rabbit Health Database is trying to rectify by accumulating the results of bloodwork on house rabbits (rather than lab rabbits, which have relatively short, abnormal lives) from across the country.

Perceptions of scientific consensus also tend to vary by age with younger generations (ages 18 to 49) more likely than older ones to see scientists as in agreement on these topics.

It is evident in pretty much everything we write about and thankfully, it is a vision that post-Paris Agreement has been adopted to varying extents by virtually every government on the planet and vast swathes of the business community (with one bright orange exception).

Despite the common perception that opinions vary across different parts of the country, survey data analyzed by Jon Krosnick at the Stanford Woods Institute for the Environment establishes that the vast majority of Americans are in agreement with the scientific consensus on global warming.

The Court crafted a two - stage test which is quite complex from a legal standpoint (and remains the subject of a good deal of legal commentary and interpretation), but which nonetheless provides some much - needed certainty in answering the question of when a freely - negotiated spousal support agreement should nonetheless be varied by a court or set aside entirely.

The matter then came before the Supreme Court of Canada, which was asked to address an important legal question: in cases where the support terms of an agreement have been incorporated into a court order, what is the proper approach by a court to an application to vary?

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

Rules regarding the appointment of officers vary by jurisdiction and can change depending on a corporation's By - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in placby jurisdiction and can change depending on a corporation's By - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in placBy - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in place.

At the top of the documentation hierarchy is the Master Agreement, a document with content that never changes; its dispute resolution and other broad terms apply to every trade unless varied by the parties.

It is clear that where there has been an express declaration of trust this is conclusive, unless varied by subsequent agreement or affected by proprietary estoppel.

will not not be sanctioned, approved of or upheld by the courts when faced with applications to vary or set aside Surrey separation agreements that are deficient and unfair.

Specifically, s. 22 (5) of the Limitations Act, 2002 allows parties to vary or exclude, by agreement, the otherwise applicable statutory limitation period; albeit it only applies only to «business agreements» as defined in s. 22 (6).

In my view, the purpose of the rules would be frustrated if a party was free to accept an offer, clear and unambiguous on its face, and then move to invoke the Court's discretion to add or vary terms to substantially rewrite the agreement reached by the parties.

A limitation period under this Act, other than one established by section 15, may be varied or excluded by an agreement made on or after October 19, 2006.

If you are either a support payor or a support recipient, and wish to vary or change the amount of child support previously ordered by the Court, or as set out in a Separation Agreement, you may have the level of support changed by bringing a Motion

The scope of a confidentiality clause can vary though and its breadth is determined by the language in the settlement agreement itself.

The court began by outlining that, when a party is seeking to vary support and there is no previous court order (as was the case here), sections 15.1 (4) and s. 15.2 (4) of the Divorce Act direct the court to consider any agreement the parties made.

If a term says that wages (to take that example) are as fixed by the collective agreement for the time being in force between local council X and union Y, then that is the contractual term that transfers automatically to the transferee employer, who (unless and until that term is lawfully varied) continues to be required to honour it.

The tribunal had correctly noted that there was nothing to prevent the parties to a contract from effecting a variation of it by mutual agreement, and that the terms of a written instrument might be varied by a subsequent agreement, whether written or oral.

(3) Did the motion judge err in finding that the agreement was not varied by further agreements made in March and November 2013?

The entitlement to equal possession can be varied only by court order (in very limited circumstances) or separation agreement (not marriage contract).