Sentences with phrase «whether contractual»

Preparing the estimates and overlooking the sales, production, and shipping department to ensure whether the contractual policies are followed properly

As shareholders in the feeder funds, the investors are not generally owed any duties (whether contractual or otherwise) by the directors of or third party service providers to the master fund.

Does a national court have to assess on its own motion whether a contractual term falling within the scope of Council Directive 93 / 13 / EEC is unfair, if the consumer has not actually lodged any objection?

Canada acceded to the New York Convention in 1986 declaring that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation.

Moreover, it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under Cuban legislation.

With the reservations provided for in article I, paragraph 3, of the Convention, that is to say, the Tunisian State will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Tunisian law.

In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State of Bahrain.»

(b) The Republic of Venezuela will apply the present Con - vention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Declaration: The Republic of Burundi will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Burundi.

The Government of Jamaica further declares that the Convention will only be applied to differences arising out of legal relationships, whether contractual or not, which are considered to be commercial under the national laws of Jamaica in accordance with article 1 (3) of the Convention.»

The Government of Trinidad and Tobago further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Law of Trinidad and Tobago.»

Declaration made upon ratification: «The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.»

The Government of Antigua and Barbuda also declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are con - sidered as commercial under the laws of Antigua and Barbuda.»

They further declare that they will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of India.»

The Republic of Bosnia and Herzegovina will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Bosnia and Herzegovina.»

The Republic of Armenia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of the Republic of Armenia.»

«The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States.»

(b) The Kingdom of Bhutan will apply the Convention only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national laws.»

(ii) The Government of Barbados will also apply the Con - vention only to differences arising out of legal relationships, whether contractual or not which are considered as commercial under the laws of Barbados.»

It will also apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

«The Republic of Cyprus will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State; furthermore it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.»

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract - ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

«commercial dispute» means a dispute between parties relating to matters of a commercial nature, whether contractual or not, such as trade transactions for the supply or exchange of goods or services, distribution agreements, commercial representation or agency, factoring, leasing, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreements and concessions, joint ventures, other forms of industrial or business co-operation or the carriage of goods or passengers; («différend commercial»)

The outcome of the analyses often decided whether the contractual indemnity and insurance terms were enforceable under the general maritime law or void under anti-indemnity statutes.

The question in Quesnel v. Groupe Jean Coutu was whether a contractual clause providing for a pharmacist - owner in the Jean Coutu chain of drugstores to pay a franchise fee on revenues from the sale of medicines contravened public policy and s. 49 of the Code of Ethics of pharmacists in Quebec.

43 This case essentially creates a new analytical framework for the interpretation of exclusion of liability clauses, abolishing the need to assess whether a contractual breach is «fundamental.»

Section 2 (c) of the Act defines the term «International Commercial Arbitration» and it means an Arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in Bangladesh and where at least one of the parties is: (i) an individual who is a national of or habitually resident in, any country other than Bangladesh; or (ii) a body corporate which is incorporated in any country other than Bangladesh; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh, or (iv) the Government of a foreign country.

Canada acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1986 (the «UNCITRAL Model Law») declaring that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation.

In determining whether a contractual provision is a penalty clause, the test has been to assess whether the consequence that follows the breach of that provision is a genuine pre-estimate of the innocent party's loss.

The High Court applied the principles established in Dunlop Tyre in deciding whether the contractual clause entitling the defendant to draw upon and retain the bank guarantee in the face of the plaintiff's default constituted a penalty clause.

The Principal, whether contractual, acting, or interim, is automatically a member of their school's LSC.

Not exact matches

The Irish High Court's referral to the ECJ only specifically asks the European court to clarify whether standard contractual clauses are valid or not, given the existence of U.S. mass surveillance programs such as PRISM, but the ECJ may also choose to decide on the validity of Privacy Shield.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

This is so regardless of whether, like the ancient Egyptian society, there is almost no contractual qualification of society, or, like modern societies, institutions arise through the entertainment of some idea.

What that statement doesn't say is whether or not Florida's brass is attempting to fire McElwain for cause or for a contractual breach that goes beyond unsatisfactory on - field performance.

Whether Flanagan being a local lad has been his undoing in the contractual department remains unclear.

Asked whether the budget makes any provisions for new labor agreements, such as the PBA pact, that would restore contractual pay increases, Nevin said: «Should any proposed settlements be ratified and adopted, they would fall within the proposed budget.»

Consider which items of work are left outstanding on that snagging list and whether you have a sufficient amount in your retention to attend to those «defects» should the contractor fail to adhere to its contractual obligation to return and put them right at their own cost.

The EFA Handbook also says that when academy trusts are considering making payments above the statutory or contractual entitlements, they must consider whether such payments are justified based on a legal assessment of the chances of the trust successfully defending the case at employment tribunal.

The contracting officer shall take the following actions to determine whether a proposed contractual action requires a subcontracting plan:

I like your ideas a lot, but I do wonder whether Harlequin will be able to adhere to the «we won't refer rejected authors to X lines to DellArte» part of the equation, as I have a strong suspicion that including that language in their standard rejection letters is part of their contractual agreement with Author Solutions.

The right response here is: for the state to leave this alone and let the companies involved work out whatever contractual terms they wish, whether agency model, wholesale model, or some hybrid; stop employing antitrust law against even nominally private companies; stop enacting and enforcing laws that give rise to monopoly prices and oligopolies and corporatism and crony capitalism in the first place, such as copyright law, antitrust law, pro-union legislation, minimum wage, taxation in general, inflation and the business cycle, and other business regulations.

The question is whether the opt out clause is reasonable in light of applicable laws and the contractual provisions of the terms of service.

We don't know the terms of the cable and satellite agreements and operating leases and so it is impossible to determine whether the «contractual cash obligations» are absolute or contingent on VVTV continuing to use the services contracted.

Whether it's statutory (see above) or contractual redundancy pay, the first # 30,000 you receive is tax - free, and no national insurance contributions are deducted either.

However, when auction rate securities fail to settle at auction, which occurred in fiscal 2008, and conditions leading to their failure to auction create uncertainty as to whether they will settle in the near - term, we classify them as long - term consistent with the contractual term of the underlying security.

«(A) that has a legal, regulatory, or contractual obligation to deliver electricity directly to retail consumers in the United States, regardless of whether that entity or another entity sells the electricity as a commodity to those retail consumers; and

The ULC Committee has been debating whether the default position is access or no access and whether limits to access should be contractual or statutory.

It is also of importance to those who practice personal injury law — whether or not a wage benefit can be deducted from a personal injury award depends upon whether the employer has a contractual right of subrogation.

In your Assignment Agreement, you should include information like: the name of the person handing over contractual duties (called «the assignor»); the recipient of the contractual rights and obligations (called «the assignee»); the other party to the original contract (called «the obligor»); the name of the contract and its expiration date; whether the original contract requires the obligor's consent prior to assigning rights; when the obligor's consent was obtained; when the agreement will go into effect; and which state's laws will govern the agreement.