The First Amendment Sample Clauses

The First Amendment. In their motion, the Plaintiffs reiterate seminal principles of free speech that strike at the core of the Bill of Rights and constitutional liberty about which there is no controversy. The Court agrees with the Plaintiffs‟ general contentions that the First Amendment extends its protection to works of art like the mural, and that the First Amendment includes the right to speak and the right to listen to a willingspeaker—for visual works of art, the right to create and the right to view a willing exhibitor‟s work. If this were an action to prevent the state of Maine from entering onto a private museum, for example, and attempting to censor the works of art on the wall, the answer to this motion would be obvious. No government in this Country can constitutionally do such a thing.
The First Amendment. Section 4 of the First Amendment provides that Tenant shall remove and/or abate asbestos containing materials located in the interior of the premises or on the roof thereof ("ACM"). Such paragraph provides that Landlord shall pay the costs of such removal and/or abatement within thirty (30) days of receipt of invoices regarding the costs thereof. Landlord and Tenant desire to modify such method of payment, and the cost reimbursement provisions of Section 4 of the First Amendment are hereby deleted. The cost reimbursement provisions of this Section 1 shall supersede and fully replace the provisions of Section 4 of the First Amendment.
The First Amendment. The execution, delivery and performance by each Credit Party of this First Amendment, (i) have been duly authorized by all necessary action, and (ii) do not and will not contravene its charter or by-laws, or any applicable law or any contractual restriction binding on or otherwise affecting it or any of its properties. This First Amendment has been duly and validly executed by an authorized executive officer of each of the Borrowers and constitutes the legal, valid and binding obligation of each of the Borrowers enforceable against each of the Borrowers in accordance with its terms. The Credit Agreement, as amended by this First Amendment, remains in full force and effect and is the valid and binding obligation of each of the Borrowers enforceable against each of the Borrowers in accordance with its terms. Each of the Borrowers hereby ratifies and confirms the Credit Agreement, as amended by this First Amendment.
The First Amendment. The United States Supreme Court has rejected the notion that the Free Exercise Clause of the First Amendment requires exemptions from generally applicable and neutral laws like the WHA.30 As the Court noted in Employment Division v. Smith, to do otherwise would be to create a system “in which each conscience is a law unto itself.”31 The WHA requires all new insurance plans to include coverage of the preventive services listed in the HRSA Guidelines. It applies to plans held by secular and religiously affiliated employers alike. Such a neutral law does not violate the First Amendment, despite certain theological doctrines opposing contraception. In its comments on this IFR, the United States Conference of Catholic Bishops (“USCCB”) attempts to skirt the Smith standard in two ways. First, it argues that the contraceptive coverage requirement was somehow targeted at the Catholic Church. Although contraception and support for contraceptive coverage is overwhelmingly popular, objection to it is in no way limited to Catholic institutions.32 Regardless, the HRSA Guidelines are not aimed at any religious objector. Rather, the Guidelines “target” all insurance plans toward the goal ofbettering women‟s health and well-being by requiring coverage of preventive services at no cost- sharing. Second, the USCCB invokes the “hybrid rightsexception to Smith, claiming that the IFR violates freedom of speech and association. In Smith, the Supreme Court explained its prior precedents, which did require exemptions from neutral laws, as implicating both religious liberty and a separate constitutional right. The lower federal courts have disagreed about whether the Court created a new “hybrid rights” exception to the Smith doctrine, and if so, what showing it Piggie Park Enters., Inc., 256 F. Supp. 941, 944-45 (D. S.C. 1966), aff’d in part and rev’d in part on other grounds, 377 F.2d 433 (4th Cir. 1967), aff’d and modified on other grounds, 390 U.S. 400 (1968).
The First Amendment. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment. The Parties agree that the Share bought hereunder shall be included in and subject to the terms and conditions of the First Agreement.

Related to The First Amendment

  • First Amendment THIS FIRST AMENDMENT (this “Amendment”) is made and entered into as of , 2015, by and between CA-METRO PLAZA LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and NUTANIX, INC., a Delaware corporation (“Tenant”).

  • Waiver and Amendment Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.