Sentences with phrase «waiver agreements as»

Not exact matches

If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.

Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any The Defense Alliance of Minnesota Affiliate shall be deemed legally binding on any The Defense Alliance of Minnesota Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of The Defense Alliance of Minnesota.

«The vesting of each executive's awards will accelerate upon termination of his employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's employment agreement) if such termination takes place upon or within two years following a change in control (as defined in such executive's employment agreement) that occurs during the term of his employment agreement and such executive signs a general waiver and release that has become effective.»

The first are agreements such as the ones that Weinstein Company apparently had employees routinely sign — broad waivers forbidding employees from making any critical comments that could harm the company's «business reputation» or «any employee's personal reputation.»

I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and legal effect.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

Interest groups expect the agreement to be somewhere between relaxing whole grain and future sodium requirements, as proposed by Sen. John Hoeven (R - N.D.), and a one - year waiver from all new standards for schools losing money, as proposed by Rep. Robert Aderholt (R - Ala.).

Village Manager Ken Fritz told trustees, meeting Tuesday night as the Committee of the Whole, that although the village and Park District jointly own the state - of - the - art electronic scoreboard under terms of the lease agreement with the Flyers, a temporary waiver of scoreboard ownership will help the team.

No waiver by BeautifulPeople of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Additionally, since common core standards are copyrighted, no changes can be made in them without express permission of the copyright holders [as evidenced most recently in the attached letter from the National Governors Association dated September 29, 2014, to the Missouri School Boards Association] AND from the U. S. Department of Education under the Alabama's No Child Left Behind waiver agreement.

One of the key conditions of the waiver, however, is that states as well as local educational agencies covered by the agreement develop and implement new evaluation systems for school leaders that take into account student achievement growth and the quality of principals» leadership practices.

In addition, Eaton pointed out that the implementation timelines to which the commissioner committed in the waiver agreement were likely unattainable, given that data from the 2014 - 15 pilot would not be available until as late as October 2015, three months after the system was originally scheduled to be fully implemented statewide in 2015 - 16.

In the event an agreement can not be reached among special education teachers / clinicians or between teachers and the principal, the choices shall be put to a secret ballot vote by special education teachers and clinicians only, which shall be conducted in the same manner as a contract waiver vote (i.e., conducted by the Union delegate and certified by the delegate and principal).

No, as an employer, you must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO and SAP services).

Either you provide a written waiver to not claim the child as your dependent or a pre-1984 legal agreement exists that allows the non-custodial father to claim the child as a dependent.

The failure of the Slow Travel Classifieds to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Take a simple task such as having documents - such as contracts, Non-Disclosure Agreements, scope agreements, or waiversAgreements, scope agreements, or waiversagreements, or waivers - signed.

As part of the «Historic Agreement» 12 brokered by Obama Environment Czar Carol Browner, California and other states agreed to consider compliance with EPA's greenhouse gas emission standards as compliance with their own.13 But in return, auto manufacturers and their trade associations had to support both the Tailpipe Rule and the California waiver.14 In a September 30, 2011 letter to EPA administrator Lisa Jackson, House Oversight and Government Reform Committee Chairman Darrell Issa summarized the terms for auto makers under the «Historic Agreement»As part of the «Historic Agreement» 12 brokered by Obama Environment Czar Carol Browner, California and other states agreed to consider compliance with EPA's greenhouse gas emission standards as compliance with their own.13 But in return, auto manufacturers and their trade associations had to support both the Tailpipe Rule and the California waiver.14 In a September 30, 2011 letter to EPA administrator Lisa Jackson, House Oversight and Government Reform Committee Chairman Darrell Issa summarized the terms for auto makers under the «Historic Agreement»as compliance with their own.13 But in return, auto manufacturers and their trade associations had to support both the Tailpipe Rule and the California waiver.14 In a September 30, 2011 letter to EPA administrator Lisa Jackson, House Oversight and Government Reform Committee Chairman Darrell Issa summarized the terms for auto makers under the «Historic Agreement»:

A business that caters to inherently risky activities will often have participants sign waivers and hold harmless agreements even when those agreements are null as a matter of law.

The prenuptial agreement included a mutual waiver of alimony, as well as a -LSB-...]

The prenuptial agreement included a mutual waiver of alimony, as well as a waiver of any interest in the other's premarital businesses or any property acquired by the other during the marriage.

So long as an agreement between spouses meets all California legal requirements, the court will likely uphold the agreement — even if that agreement includes a waiver of support by the lower - earning spouse.

As well, to ensure that there is no suggestion of an implied «subject matter waiver» of privilege during an investigation, Gardner says companies can seek to enter into a «common interest agreement» with a regulator.

Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees.

Confidential LCIA arbitration (2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

For those clients I have prepared a variety of agreements, including operational contracts, releases and waivers, shareholders» agreements, commercial leases and employment agreements, as well as both bringing and defending lawsuits.

The point may be academic in circumstances where, as happens more and more often in the US at least, the government insists on a waiver in deferred prosecution agreements (DPAs)(which have more recently been introduced in the UK) or a criminal plea — although a waiver may not necessarily be a precondition of a DPA.

Judge Grimm suggested that, if parties entered into a nonwaiver agreement as a result of a «meet - and - confer» under Federal Rule of Civil Procedure 26 (f), and that agreement was embodied in an order, any inadvertent production would be made under «judicial compulsion» and there would be no third party waiver.

The agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself is sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

As applied to the stage reached here in the DIFC, the agreement to arbitrate is sufficient waiver to the orders for recognition under Article 42 of the Arbitration Law which are contained in paragraphs 1 and 2 of this Court's order of 29 May 2017, and (though less clearly) the orders for enforcement as a judgment under Article 43 as contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assetAs applied to the stage reached here in the DIFC, the agreement to arbitrate is sufficient waiver to the orders for recognition under Article 42 of the Arbitration Law which are contained in paragraphs 1 and 2 of this Court's order of 29 May 2017, and (though less clearly) the orders for enforcement as a judgment under Article 43 as contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assetas a judgment under Article 43 as contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assetas contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assets.

A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

6/24/2013 - Too Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements

LCIA arbitration (confidential)(2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

Waiver of a right to jury trial is not the same as waiver of the right to trial: what the agreement says is that litigants would have a civil bench trial, where the judge determines whether there was a bWaiver of a right to jury trial is not the same as waiver of the right to trial: what the agreement says is that litigants would have a civil bench trial, where the judge determines whether there was a bwaiver of the right to trial: what the agreement says is that litigants would have a civil bench trial, where the judge determines whether there was a breach.

Partly as a result of China's recent visa - waiver agreement with the UAE, it has shown the most growth in its region over the past year, moving up 11 places compared with 2017 and now ranking 74th globally.

The principle underlying the doctrine of constraint is essentially the same as the principle that the waiver must be voluntary, in the sense that the arbitration agreement must not be compulsory as being required by law.

The Firm will not, nor will any entity that is part of the Firm, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.

No longer will law firms have to squabble over «Jewel waivers,» as partnership agreement provisions intended to circumvent the Jewel v. Boxer rule are called; the Court said these are no longer necessary.

Failure to require compliance or to exercise any right shall not be constituted as a waiver by owner of said term, condition, and / or right, and shall not affect the validity or enforceability of any provision of this agreement.

Some possible exceptions to this general rule include where: a) the parties had agreed to have a neutral third party such as a mediator facilitate the negotiations as per section 11 of the Limitations Act, 2002; b) estoppel and / or waiver can be established (establishing estoppel and / or waiver in these situations is difficult); or c) the parties have entered into a tolling agreement.

Partner further agrees that the payment of liquidated damages shall not be construed as a release or waiver by the Company of the right to prevent the continuation of any such breach of this Agreement in equity or otherwise and shall not preclude or be construed to preclude the Company from making a showing of irreparable injury or any other element that may be necessary to secure injunctive relief.

She held that Blue Mountain's waiver, insofar as it purported to waive liability in contract, was void and severed from the consumer agreement.

However, the court did find that the trial judge erred in setting aside the property waiver clause of the Cohabitation Agreement only as it related to the development properties.

Arcade Drivers School's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right.

e) The waiver by either party of a breach of any provision of this Agreement by the other party shall not be construed as a waiver of any subsequent breach by the other party.