While Xx. Xxxxxx works to assure fair treatment for all participants and attempts to anticipate problems, there will be occasional issues that may require intervention and/or action on her part. If, as a student, you have a complaint regarding: • The speaker, including their style of presentation or response interaction with a student • Other students in class • The information /content being taught • The class facilities or distance learning media • Business policies of Xx. Xxxxxx or OINC Those complaints may be communicated to us in any or all of the following ways: • In writing or orally to Xx. Xxxxxx • In writing or orally to the Executive Assistant. In this instance, the student may optionally request that their identity be protected and not shared with Xx. Xxxxxx or any other named party. Under these circumstances, the Executive Assistance will ensure the student’s confidentiality when handling the complaint. • There may be some instances where Xx. Xxxxxx or her Executive Assistant require that the complaint be made in writing and signed by the student, for record keeping purposes.
While Xx. Xxxxx Enterprises presently supervises and grants its own merchandise licenses, if it decides to grant broad multiple category merchandise licensing rights to an unrelated third party, MCA will have a first right to negotiate to exploit such merchandising rights. Additionally, from time to time, MCA may make presentations to Xx. Xxxxx Enterprises with a goal of entering into a licensing relationship for specific categories of merchandise. The foregoing shall in no way be construed to limit Xx. Xxxxx Enterprises' rights to continue to grant licenses to such third parties and for such categories of merchandise as it shall select in its discretion subject to the licenses granted to MCA hereunder.
While Xx. Xxxxxxxxxx is employed hereunder, he shall use his best efforts to make available to his employers and their affiliates any business opportunities that come to his attention or to the attention of persons (other than natural persons) under his control.
While Xx. Xxxxx accepted that clause 11.2 “could introduce some confusion” into this analysis, he pointed out that that clause is expressly stated to be “Without prejudice to clause 11.1”, with the result that “in the event of inconsistency, conflict, confusion or doubt the issue is to be determined by clause 11.1.” The agreement, Xx. Xxxxx submitted further, makes a distinction between events of default before payment of the US $4,000,000.00 and the issue of the preference shares and events of default after payment and the issue of the shares. In the latter situation clause 11.2(c) would apply, while in the former clause 11.1 would apply, on which analysis both clauses are able to sit together. Given that from the evidence the appellant had not only failed to pay the US $4,000,000.00, but was at no time in a position to do so, Xx. Xxxxx concluded that the Chief Justice was correct in holding that the respondents were entitled to terminate and had validly terminated the agreement.
While Xx. Xxxxxxxxx Xxxxxx’x title for internal recordkeeping purposes within Novell will be Sr. Vice President-EMEA, the Company agrees that Xx. Xxxxxxxxx Xxxxxx may use the title President-EMEA for external purposes.
While Xx. Xxxxx and the veterinary technician on duty noted that Xxxxxx was non- ambulatory and in poor condition at the time Xxxxxx was released from the Hospital, no observations of condition, physical examination, or other documentation by Xx. Xxxxxxx appear in the medical record. The medical record does not reflect that Xx. Xxxxxxx conducted any post-operative checks (such as hospital sheets) or monitoring of Xxxxxx from the time she assumed responsibility for Xxxxxx’s care until she discharged Jasper.
While Xx. Xxxxx Xxxxxx is bound to maintain confidentiality and not disclose information to anyone not involved in the process, the parents understand that the process may involve sharing of information between those involved in this process, as well as with other relevant (currently or previously) professionals (e.g., an assessor, a parent or child’s therapist, teacher) and the court. Xx. Xxxxx Xxxxxx may use her discretion to exchange information as necessary between parents, between the parents and the child(ren), and between the child(ren). Xx. Xxxxx Xxxxxx shall be free to disclose all information, documentation and correspondence generated by the process with the lawyer for each parent and with the court. Xx. Xxxxx Xxxxxx may at her discretion exchange information with other relevant professionals currently or previously involved and may speak with the lawyers ex-parte. This signed agreement serves as the parents’ informed consent for Xx. Xxxxx Xxxxxx to obtain information from the court, counsel and both parents AND for Xx. Xxxxx Xxxxxx to provide information received from all sources verbally or in a report to the court, counsel and the other parent. The parents understand that Xx. Xxxxx Xxxxxx is required to report to the appropriate child welfare authority (i.e., Metropolitan Child(ren)’s Aid Society, Catholic Child(ren)’s Aid Society, or Jewish Child & Family Service) if she has a reasonable suspicion that a child(ren) is being physically, sexually or emotionally abused or neglected. In addition, she is obliged to notify the proper authorities if she has a “reasonable suspicion” that a client may harm himself or herself or the other parent. ELECTRONIC PROVISION OF SERVICES
While Xx. Xxxxx may have reacted in the 'agony of the moment', her own ac- tions were partly responsible for that occurrence. The emergency situation did not arise solely due to the negligence of the defendant, as it did in the above noted cases. Nonetheless, her reaction was a natural one in the circumstances. CONCLUSION 60 After considering all of the facts in the case at bar and applying the law as enunciated above to those facts, I find that the main cause of the accident was the negligence of Capilano. I find the de- fendants Capilano and Her Majesty The Queen in Right of The Province of British Columbia as represented by The Ministry of Transportation and Highways 60 per cent liable for the accident. I also find that the plaintiff was 40 per cent liable for the accident. In the result there would be a divi- sion of liability of 60-40 in favour of the plaintiff. 61 The issue of quantum of damages will be dealt with at a subsequent date. Before closing, however, I would like to take this opportunity to thank counsel for the help they gave me in dealing with this matter. ROMILLY J.
While Xx. Xxxxxxxxxx is employed under this agreement and for a period of two years thereafter (the "Non-Compete Period"), Xx. Xxxxxxxxxx agrees that he shall not compete with any employer under this agreement or any affiliate of any employer without the prior written consent of the board of directors of IGMC, or its successor, or, in lieu thereof, by the board of directors of each entity of which Xx. Xxxxxxxxxx is then or was employed, as the case may be, under this agreement. For purposes of this agreement, the term "compete" shall mean (i) participating as a more than five (5%) percent stockholder, or as an officer, director, employee, partner, agent, consultant, or in any other individual or representative capacity (excluding as an attorney-at-law) in or with respect to any business entity which owns, has a license to use, or uses Thermoselect or Xxxxx technology or any technology used primarily in connection with the conversion of solid waste into energy for purposes of electric generation (collectively "Competing Business") within North American and/or the Caribbean; or (ii) employing or soliciting for employment any employees of any employer under this agreement; or (iii) contacting, directly or indirectly, any potential customer regarding any business relating to waste disposal, (A) to which any employer under this agreement or its affiliate(s) made a proposal during the Term, (B) which issued to any employer under this agreement, or disclosed to any such employer, plans to issue, during the Term a request or proposal for invitations for bids related to waste disposal facilities or, (C) about which a prospective project was reported or advertised during the Term in either of the trade publications The Resource Recovery Report or Sludge; provided, however, that such contact is with respect to such potential customer's activities within North American and/or the Caribbean. In the event the restrictions against engaging in a competitive activity contained in this subsection D shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period or over too large a geographical area or by reason of their being too extensive in any other respect, this subsection D shall be interpreted to extend only for the maximum period for which it may be enforceable, the maximum geographical area to which it may be enforceable and to the maximum extent in other respects as may be enforceable, all as determined by su...
While Xx. Xxxxx is employed under this agreement and for a period of one year thereafter (the "Non-Compete Period"), Xx. Xxxxx agrees that he shall not compete with any employer under this agreement or any affiliate of any employer without the prior written consent of the board of directors or IGMC, or its successor, or, in lieu thereof, by the board of directors of each entity of which Xx. Xxxxx is then or was employed, as the case may be, under this agreement. For purposes of this agreement, the term "compete" shall mean participating as a more than five (5%) percent stockholder, or as an officer, director, employee, partner, agent, consultant, or in any other individual or representative capacity (excluding as a CPA) in or with respect to any homebuilding entity which competes with AFH in the same geographic areas and housing product in the business of building homes. In the event the restrictions against engaging in a competitive activity contained in this subsection D shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period or over too large a geographical area or by reason of their being too extensive in any other respect, this subsection D shall be interpreted to extend only for the maximum period for which it may be enforceable, the maximum geographical area to which it may be enforceable and to the maximum extent in other respects as may be enforceable, all as determined by such court. Xx. Xxxxx acknowledges that a breach of the restrictions contained in this subsection D may cause irreparable injury to one or more employers under this agreement, the amount of which may be difficult to ascertain, and that remedies at law for such breach may be inadequate. Accordingly, Xx. Xxxxx and the employers under this agreement agree that if Xx. Xxxxx is found to have breached the restriction contained in this subsection D, any employer under this agreement, or its affiliates shall be entitled to equitable relief, including but not limited to injunctive relief, without posting bond or other security.
