Cases Cited Sample Clauses

Cases Cited. Post-Petition Assets as Property of the Estate: Xxxxxxx x. Xxxxx, 735 F.3d 147 (4th Cir. 2013) In re Xxxxxxxxxxx, 10-11991, 2013 WL 0000000 (Bankr. S.D. Ga. Mar. 15, 2013) Estoppel: Xxxxxxxx v. State Farm Fire & Cas. Co., 270 F.3d 778 (9th Cir. 2001) Preemption/Preclusion:
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Cases Cited. Applied: Muzak Corp. v. Composers, Authors and Publishers Association of Canada, Ltd., [1953] 2 S.C.R. 182; De Tervagne v. Belœil (Town), [1993] 3 F.C. 227; not followed: Xxxxxxxxx v. University of New South Wales, [1976] R.P.C. 151; referred to: Xxxxxx v. St. Xxxxxxx, [1950] Ex. C.R. 198; Xxxxxxx v. Canadian Broadcasting Corp. (1972), 7 C.P.R. (2d) 158; Xxxxxxx x. Xxxxxxx (1991), 38 C.P.R. (3d) 4; Xxxxxxxx v. Galerie d’Art du Petit Champlain inc., [2002] 2 S.C.R. 336, 2002 SCC 34; Xxxxxx x. Xxxxxxx, [1990] 2 S.C.R. 467; Compo Co. v. Blue Crest Music Inc., [1980] 1 S.C.R. 357; Bell ExpressVu Limited Partnership v. Rex, [2002] 2 S.C.R. 559, 2002 SCC 42; University of London Press, Ltd. v. University Tutorial Press, Ltd., [1916] 2 Ch. 601; U & R Tax Services Ltd. v. H & R Block Canada Inc. (1995), 62 C.P.R. (3d) 257; Xxxxx Publications Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991); Tele-Direct (Publications) Inc.
Cases Cited. Papua New Guinea Cases Avia Aihi v. The State [1981] PNGLR 81 Xxxxxx Xxxx Xxxxxx v. Xxxx Xxxxx Xxxx Lagea (2013) SC1337 Xxxxx Xxxx v. Xxxx Xxxxxxx [1982] PNGLR 342 Dent v. Kavali [1981] PNGLR 488 Emas Estae Development v. Xxxx Xxx and Others [1993] PNGLR 215 Innovest Ltd v. Xxx. Xxxxxxx Xxxxxxxx (2014) N5949 Xxxx Xxxxxxxxxxxx v. The State [1977] PNGLR 257 Kiso v. Otoa [2013] PGSC 3; SC1222 Koitachi Ltd x. Xxxxxxxxxx (2007) SC870
Cases Cited. TST Holdings Limited x. Xxxxxxx Xxxxx & Ors: OS (JR) No 160 of 2014 (Unnumbered & Unreported Judgment of 6th October 2016) Xxxxx Xxxxxxx x. Xxxxxxx Xxxxx (2011) N4200 Counsel: Xx. X. Goodwin with Xx. X. Nutley, for Plaintiff Mr. X. Xxxxx, for First & Second Defendants No appearance, for Third, Fourth & Fifth Defendants 28th April, 2020 JUDGMENT
Cases Cited. Papua New Guinea Cases Vanimo Forest Products Ltd v. PNG Forest Authority & Ors (OS No. 549/07 (JR) delivered on 15th October 2007. PNG Power Ltd v. Ian Augerea (2013) SC1245. Fly River Provincial Government v. Pioneer Health Services Ltd (2003) SC705. Steamships Trading Co Ltd v. Garamut Enterprises Ltd (2000) N1959. Xxxxx Provincial Government vs. Kasou [1990] PNGLR 395. Overseas Cases Cited: BP Refinery (Westernport) Pty Limited v. Shire of Hastings [1978] 52 XXXX 00 Xxxxxxxx v. Minister of Agriculture, Fisheries and Food [1968] AC 997. Xxxxxxx x. Auckland Legal Services [1993] NZLR 111. R. v. Sec for State ex p. Fire Brigades Union [1995] 2ALLER 000 Xxxx xx Aylesford x. Xxxxxx [1872-73] 8 AR Ch. 484. Associated Provincial Pictures Houses Limited v. Wednesbury Co. [1948] 1KB 223. Xxxxxx v. A. R. T. S. Limited [1948] 1ALLER 465. Legislation and other material cited: Forestry Private Dealings Act Territory of Papua and New Guinea Forestry Ordinance 1936-195 Forestry Act Chapter 216 Xxxxxxxx Xxx 0000 Xxxxxxx, Interpretation of Contracts, at paragraph 5.03.
Cases Cited. Applied: Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, [2012] 2 S.C.R. 524; Xxxxxx x. Canada
Cases Cited. Papua New Guinea Cases Xxxxxx Kelange & Ors v. Kanawi Pouru & Ors (2011) N4662 Kanawi Pouru & Ors v. Xxxxx Apoi: SCA No 87 of 2015 (Unnumbered and Unreported Judgment of 27th October 2017) Madang Timbers Limited x. Xxxxxxxxx Kambori (2009) SC1000 Xxxxx Apoi v. Kanawi Pouru (2015) N5983 Sinene on behalf of the Land Owners of the Vanimo TRP Area v. Ikoirere & Ors (2005) N2903 Overseas Cases Associated Picture Houses v. Wednesbury Corporation Ltd [1948] I KB 223 Counsel:
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Related to Cases Cited

  • RECYCLING CERTIFICATION The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

  • Owner Certification During the term of this Contract, the Owner certifies that:

  • Drug-Free Workplace Certification As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Contractor will give written notice to the State within ten (10) days after receiving actual notice that the Contractor, or an employee of the Contractor in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years. In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is in excess of $25,000.00, the Contractor certifies and agrees that it will provide a drug-free workplace by:

  • Environmental Services 1. Preparation of Environmental Documentation (CEQA/NEPA) including but not limited to the following:

  • AS9100 Certification ‌ AS9100 Certification, specifies requirements for a quality management system to demonstrate the Contractor’s ability to consistently meet the customer requirements as well as statutory and regulatory requirements for the aerospace industry. An AS9100 Certification, is not mandatory; however, Contractors who desire to compete for work within the aerospace industry are encouraged to have AS9100 Certification, during the entire term of OASIS. The Contractor shall notify the OASIS CO, in writing, if there are any changes in the status of their AS9100 Certification, and provide the reasons for the change and copies of audits from an AS9100 Certification Body, as applicable. If only part of a Contractor’s organization is AS9100, certified, the Contractor shall make the distinction between which business units or sites and geographic locations have been certified.

  • CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

  • CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

  • Flood Certification Contract The Company has obtained a life of loan, transferable flood certification contract with an Approved Flood Policy Insurer acceptable to Purchaser in its sole discretion for each Mortgage Loan and such contract is assignable without penalty, premium or cost to the Purchaser;

  • Investment Description; Appointment The Fund desires to employ the capital of the Fund by investing and reinvesting in investments of the kind and in accordance with the limitations specified in its Articles of Incorporation, as may be amended from time to time, and in the Fund's Prospectus(es) and Statement(s) of Additional Information as from time to time in effect (the "Prospectus" and "SAI," respectively), and in such manner and to such extent as may from time to time be approved by the Board of Directors of the Fund. Copies of the Fund's Prospectus and SAI have been or will be submitted to the Adviser. The Fund desires to employ and hereby appoints the Adviser to act as investment adviser to the Fund. The Adviser accepts the appointment and agrees to furnish the services for the compensation set forth below.

  • Non-Discrimination Statement and Certification In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (000) 000-0000 (voice and TTY) or contact USDA through the Federal Relay Service at (000) 000-0000. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (000) 000-0000. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 0000 Xxxxxxxxxxxx Xxxxxx, XX, Xxxxxxxxxx, X.X. 00000-0000; (2) fax: (000) 000-0000; or (3) email: xxxxxxx.xxxxxx@xxxx.xxx. (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender. Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations. Yes

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