Sentences with phrase «waivers of rights in»

Not exact matches

The Department of Education has seen the surge in waiver applications because its Office for Civil Rights has «exceeded its legal authority» by taking the position since 2013 that the federal law that prohibits sex discrimination applies to transgender students, Alliance Defending Freedom Senior Counsel Gregory Baylor said.

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Daily Harvest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Atlantic Coca - Cola Bottling Company or the respective owner.

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.

You hereby agree and represent to the USTA Family of Companies that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to the USTA Family of Companies, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of the USTA Family of Companies and that the USTA Family of Companies shall not be liable for any use or disclosure of any Submissions.

Captain Brian is another frequenter of the Waiver Wire and pulls the necessary strings to put his Team in the right spots.

Any forbearance or delay on the part of either party in enforcing any of its rights under this Terms of Service will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence.

Authors from institutions that might limit the authors» ability to grant to AAAS any of the rights described in AAAS's license must obtain an approved waiver from their institution to publish with the Science Journal.

No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition.

The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

They do not constitute a grant or waiver whether implied or otherwise, of any rights of the copyright owners in any audio or video content contained within the Films.

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.

If the waiver of the right to participate in a class action set forth in subparagraphs (b) and (d) above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained in paragraphs (b) and (d) is null and void.

Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision.

It's also fair to ask whether the percentages Obama set (in the NCLB waivers, it's 5 percent of the lowest performing schools and another 10 percent of schools with large achievement gaps) are the right ones.

• The bill passed by the House education committee • One of the two options offered by Senator Alexander • Senator Murray's ESEA floor speech • The president's radio address and Secretary Duncan's speech • CCSSO • The George W. Bush Institute • The diverse groups organized by Ed Trust, the Business Roundtable, and the Leadership Conference on Civil and Human Rights • The Foundation for Excellence in Education • The official policies of both NCLB and the Obama administration's ESEA - waiver initiative

LA Unified Superintendent John Deasy said in an interview that the metrics used by LA Unified and the other districts granted the waiver still give parents the right to use the Parent Trigger law, so long as a school has been deemed in need of improvement for two consecutive years, ending with the 2014 - 2015 school year.

[ix] Additionally, given the overrepresentation of Black students in the Intellectual disability category, it is likely that Black students would be overrepresented among students instructed and assessed outside of their grade level, raising additional concerns about the civil rights of students under this waiver request.

Additionally, given the overrepresentation of Black students in the Intellectual disability category, it is likely that Black students would be overrepresented among students instructed and assessed outside of their grade level, raising additional concerns about the civil rights of students under this waiver request.

08/27/2013: LULAC joins 9 other civil rights organizations in releasing a white paper analyzing the Department of Education's ESEA Waiver system.

Last month, the administration scrambled to get Virginia to scrap its low expectations for poor and minority children amid outcry from reformers and civil rights activists over the Old Dominion's move to approve AMO targets that only require districts to ensure that 57 percent of black students (and 65 percent of Latino peers) are proficient in math by 2016 - 2017; those targets were blessed by the administration back in June as part of its approval of the state's waiver proposal.

More outcry is likely to come in the coming months as reformers and civil rights activists in D.C., Tennessee and other states learn how the waiver gambit has essentially allowed states to damn children through the soft bigotry of low expectations.

MISCELANEOUS Archway Publishing's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision, or any other provision of this Agreement.

Humble Bundle's failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.

A landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a tenant who burned the building down, not only would the landlord have no cause of action against the tenant, but the landlord's insurance company wouldn't even be able to subrogate against that tenant because their only right of recovery is in the landlord's stead, which he assigned to them when they paid the claim.

When renting in Idaho, the lease may include a waiver of your right to attend the landlord's move out inspection.

The failure by Hilton Honors to exercise rights granted to Hilton Honors hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.

Participation in this Program serves as a one - time waiver of privacy rights by both parties, whereas each may be aware of the presence of an account relationship.

Our acceptance of payments labeled «payment in full» or restrictive words to that or any similar effect, will not constitute an accord and satisfaction nor a waiver of any rights we have to receive a full payment on all balances due.

The reason for the waiver is because a pension partner has rights to some part of that pension in the event of separation or death.

As explained in more detail in the fund's prospectus, the fund that charges a redemption fee reserves the right to waive its early redemption fee for certain tax - advantaged retirement plans or charitable giving funds, certain fee - based or wrap programs, or in other circumstances when the fund's officers determine that such a waiver is in the best interest of the fund and its shareholders.

We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under copyright or other intellectual property laws or any other federal, provincial or local law, regulation, ordinance or treaty.

Nothing in these Terms constitutes a waiver of any rights under copyright laws, trademark laws or any other federal, state or local law, regulation, ordinance or treaty or a waiver of moral rights.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that AKC has established in any of its goods, services, names or logos.

This list is not exhaustive and the absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that AKC has established in any of its goods, services, names or logos.

The failure by Hilton Honors to exercise rights granted to Hilton Honors hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.

In the event that The Company fails to take action, it shall not be deemed as a waiver of its right or prevent it from taking subsequent action in respect of that right or of any other righIn the event that The Company fails to take action, it shall not be deemed as a waiver of its right or prevent it from taking subsequent action in respect of that right or of any other righin respect of that right or of any other right.

Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.

Pulitzer Arts Foundation's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Pulitzer Arts Foundation.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Second, the Court recalls para. 49 of the CJEU's Melloni ruling, which, similarly to the ECtHR's position, stated that the accused may waive that right of his own free will, either expressly or tacitly, «provided that the waiver is established in an unequivocal manner, is attended by minimum safeguards commensurate to its importance and does not run counter to any important public interest».

The Georgia Board of Bar Examiners may have violated the procedural due process rights of a lawyer licensed in Louisiana when it offered no explanation for its denial of her application for bar admission under a waiver program for military spouses, the ABA says in an amicus brief.

The forgoing in no way can excuse Judge Boswell for her ignorance nor the disregard of the ADA's admonition that there were requirements to be met in determining is a pro se is competent to proceed and if the defendant's claim of being ready for trial by way of a waiver to the right of counsel is knowingly and intelligently being waived.

It remains to be seen whether a more draconian contractual provision, such as one which would expressly seek to effect a waiver of more fundamental Art 6 rights, will be upheld in this manner.

2003)(«In the future, defense lawyers should insist that their clients enter into written joint defense agreements that contain a clear statement of the waiver rule enunciated in this case, thereby allowing each defendant the opportunity to fully understand his rights prior to entering into the agreement.»In the future, defense lawyers should insist that their clients enter into written joint defense agreements that contain a clear statement of the waiver rule enunciated in this case, thereby allowing each defendant the opportunity to fully understand his rights prior to entering into the agreement.»in this case, thereby allowing each defendant the opportunity to fully understand his rights prior to entering into the agreement.»).

By obtaining a waiver of moral rights in an assignment, the employer will have the ability to alter the work in any way it wants.