Sentences with phrase «with termination provisions»

Term: The Term of this HIPAA Addendum shall be effective as of the first day that the Covered Entity provides PHI to BirdEye and shall terminate when all of the PHI provided by the Covered Entity to BirdEye, or created or received by BirdEye on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or if it is infeasible to return or destroy PHI, protections are extended to such information in accordance with the termination provisions in this Section.

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.

Notwithstanding any provision in the Plan to the contrary, an Associate's Continuous Status is not terminated for purposes of the Associate's Stock Appreciation Rights if immediately upon the termination of the Associate's employment relationship with Walmart or an Affiliate the Associate becomes a Non-Management Director.

If the Release Requirements are satisfied, then the portion of any payments that would otherwise have been paid during the period between the Termination Date and the Release Date shall instead be paid as soon as reasonably practicable following the Release Date (or, if the Review Period applies and the Board has notified you that it is reviewing your cessation of employment under the lookback provisions of the Cause definition, the end of the Review Period with regard to payments that qualify as short term deferral under Section 409A of the Code).

-- Nothing in this section or title V shall be construed as requiring termination of operations of a stationary source that is a covered entity for failure to have an approved permit, or compliance plan, that is consistent with the requirements in the second and fifth sentences of subsection (a) concerning the holding of allowances or offset credits, except that any such covered entity may be subject to the applicable enforcement provision of section 113.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).

The board of education or trustees of each school district shall develop, in consultation with appropriate school personnel, procedures for the recommendation, approval, provision, periodic review, and termination of such services.

Learndirect was hit with an «inadequate» grade from Ofsted for its ESFA funded provision over the summer, but the DfE chose not to serve it with the three - month termination notice that would typically be expected after a grade four.

Cause for such termination may include, but not be limited to: (i) breaches or violations of these Terms or any provision of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self - initiated); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Animal League or other fundraising event or program in which you are participating; and / or (xi) any other reason reasonably considered by Animal League to be in its best interest.

This dispute resolution provision will survive the termination of any or all of your transactions with Blue Buffalo.

Most leases stipulate that the tenant is in default and can face lease termination if he or she is late in the payment of rent or if he or she fails to comply with any other lease provision.

The court disagreed, stating that the employer was entitled to rely on the termination provisions that they had initially agreed upon with Ms. Moore.

(2) A notice given by a party to a collective agreement in accordance with provisions in the agreement relating to its termination or renewal shall be deemed to comply with subsection (1).

Although the joint venture agreement included a termination provision, the lack of specificity with respect to the consequences of termination left the parties to litigate.

For employers with the motivation to diminish the amount of severance paid, better yet, to a mediocre employee, I offer the following eight tips to ensure a valid and enforceable termination provision.

Advised Vodafone on the termination provisions (for breach) of the distributorship agreement with the airtime distributor.

Where a termination provision is silent with respect to severance pay, this does not denote an intention to contract out of the ESA, and the statutory minimum standards remain in place.

Until fairly recently, these principles have been interpreted as requiring termination provisions that specifically oust the common law right to reasonable notice, provide employees with continued benefits, and address entitlements to severance pay.

The Court also stated that the termination clause improperly combined statutory notice of termination with statutory severance pay, resulting in an ambiguous provision.

Namely, the termination provision improperly created several possible scenarios, some of which were not compliant with the Employment Standards Act, 2000 («ESA»).

It confirms for employees that the courts will look to protect them, and that employers will be held to a high standard in seeking to rebut their presumed common law obligations with a written termination provision.

A lawyer may assert that she always reviews any provisions in an equipment lease relating to early termination penalties with lessee clients; but if asked to recall the details (when?

Canac should have entered an enforceable agreement with the Keenans with a specific provision for notice upon termination.

In October, the Ontario Court of Appeal once again considered the enforceability of termination provisions, deciding that a severability clause in an employment agreement will not save a termination provision that provides the employee with less than the minimum ESA entitlements.

The company's charter and bylaws, board committee charters, and employee handbooks may also contain provisions with regard to procedures to be followed in the event of termination, such as who has the authority to negotiate terms, how to effect notification, and the amount of say the CEO has in the process.

The JVA included a provision which related to the necessary notice to effect termination, but did not include the consequences of termination, such as whether a dissolution or a buy - out would take place with respect to the parties» interests in the general dentistry practice.

The Investment Agreement clearly applies to termination without cause of the appellant whether through the provision of reasonable notice or with payment in an attempt for not providing reasonable notice.

That said, termination provisions must still comply with local employment standards legislation or they will be unenforceable.

Ontario's Employment Standards Act contains a provision which deals with mass termination where the number of persons terminated exceeds certain parameters, ranging from 50 to 300.

The Court added to the basic implied term of advance notice a second term, namely, that this advance written notice be delivered in a manner which is consistent with the mass termination provisions of the Employment Standards Act.

As such, if you have a written employment agreement that includes a termination provision, take this, along with your proposed severance offer, and meet with an employment lawyer.

He was aware of the «Termination» heading, knew what it was intended to deal with, but swears he did not read the provisions.

It would no doubt have been linguistically preferable had the termination provision in MacDonald's contract contained words after the term of notice such as «in accordance with the relevant provisions of the Employment Standards Act.»

For franchisors who wish to terminate a franchise agreement with a franchisee, or to terminate a franchisee so to speak, the analysis usually focuses on the default and termination provisions in the franchise agreement.

There are no provisions in the legislation with regard to the termination of privilege if the attorney makes an inadvertent disclosure.

The California Supreme Court, in Edwards v. Arthur Andersen LLP, 44 Cal.4 th 937, unanimously held that Business & Professions Code Section 16600 invalidated a provision in Edwards» employment agreement that restricted him from servicing customers and competing with Arthur Andersen following the termination of his employment.

A Contracting State whose legislation requires contracts of sale to be concluded in or evidenced by writing may at any time make a declaration in accordance with article 12 that any provision of article 11, article 29, or Part II of this Convention, that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in that State.

It is difficult to discern from media reports the precise nature of the contractual entitlement, but it sounds to me as if the termination provision here simply calls for two years of pay with no requirement to mitigate, likely either by lump sum payment, or in the form of salary continuation.

Policy termination or Surrender Benefit: This policy acquires Surrender Value on the completion of three full policy years with the provision that all premiums were paid.

Termination of an insurance contract before the end of the policy period, by the insured or insurer, usually in accordance with provisions in the contract.

Policy Termination or Surrender Benefit: This policy acquires Surrender Value on the completion of three full policy years with the provision that all premiums were paid.

Policy Termination or Surrender Benefit: This policy acquires Surrender Value on the completion of two full policy years with the provision that all premiums were paid.

In order to qualify for this provision, the insured needs to notify the life insurance company within 31 days of termination of employment with the group policyholder.

termination provisions with a high degree of flexibility.

adoption service (s)(in intercountry adoption) The six major services provided by adoption service providers: (1) Identifying a child for adoption and arranging an adoption; (2) Securing the necessary consent to termination of parental rights and to adoption; (3) Performing a background study on a child or a home study on a prospective adoptive parent (s), and reporting on such a study; (4) Making nonjudicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child; (5) Monitoring a case after a child has been placed with prospective adoptive parent (s) until final adoption; or (6) When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.

Thankfully, the judge found that the listing agreement complied with the legislation and was not rendered uncertain by the termination provision in the warranty.

He argued that the termination provision in the Professional Marketing Plan and Warranty conflicted with the expiry date in the listing agreement.