The mere fact that he did as asked cannot in my judgment be properly treated as the waiver of an express statutory right. |
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The fact that another franchisee has decided to participate in the litigation does not alter the waiver. |
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Accordingly, the act of filing is a waiver of the taxpayer's rights under the Fifth Amendment. |
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Furthermore, the new rule provides for a potential waiver of interest on the repatriation of funds. |
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Section 190, dealing with waiver, refers to a formal waiver by order of the court. |
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He prepared a separation agreement that included a waiver of spousal support. |
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It is also argued that the Agreement has the effect of constituting a waiver of litigation privilege. |
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If the court refuses to consent to the waiver, it must provide written reasons for doing so. |
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As a result, our legal counsel advised us to collect an original, signed waiver with each membership application or renewal. |
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Have you sought any instructions from Dosca Ltd as to the waiver of that privilege? |
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The university also offered him a full tuition waiver, excepting only a 1,500 yuan book fee. |
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Failure to act may constitute a waiver of the breach and, in certain circumstances, a variation of the agreement. |
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The company needs its debtors to sign a waiver agreement that will allow it to start talks without being in default on its loans. |
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The tuition waiver for children raised in care was pioneered to open doors for kids without family or financial support to attend university. |
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Although no particular form of words is necessary the waiver must be express. |
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Payment is up front and there is a choice between a damage waiver or a security deposit. |
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The President would not be required to impose automatic sanctions but would have a waiver power. |
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The waiver is countersigned by a representative of the jurisdictional public health agency of the person's intended U.S. destination. |
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Whether it be called waiver or forbearance on his part, or an agreed variation of substituted performance, does not matter. |
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Starting October 26, all travellers from the visa waiver countries must have passports with coding that is machine-readable. |
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I think when your boss asks you to sign a waiver, that's not a voluntary action on your part. |
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In sum, looking at the course of conduct, I find that there was a waiver at law of the landlord's right to forfeiture. |
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You can sign the waiver that will be enclosed in the report, pay any tax you owe, and be happy its over. |
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Flash your MasterCard, sign a liability waiver and you're a member of the club. |
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We regret we cannot be legally responsible for any errors in this analysis and staff will be required to sign a waiver. |
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In terms of liability, parents can sign a liability waiver for the conference. |
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At best, Mrs. Gauthier understood she was signing a waiver of property rights. |
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Should the BMJ ask patients who write criticisms of doctors to sign a waiver permitting the doctor to respond? |
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He can thus pin the whistleblower between the pinchers of the waiver and the threat of putting the stubborn journalist in jail. |
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The day of his accident, Glover had signed the waiver, surrendering any right to sue the company. |
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Since they were not privileged, it is not apparent how their disclosure could amount to waiver. |
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In 1991 both the Senate and the House took early action to disapprove the presidential waiver renewing China's MFN status. |
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Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. |
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The solution should be sought in fast and radical changes to the law on the health insurance system, not in palliative measures like deferment or waiver of debts. |
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An early retirement pension cannot be backdated for a member on a disability waiver. |
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If they want to continue aid to the Egyptian government, they should ask Congress for a waiver. |
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The second issue of waiver comes into effect when a party knowingly acts in a manner where he waives or foregoes reliance upon some known right or defect. |
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The stipulation was founded upon the fact that at the last trial they did take care of the matters as to the voluntariness and intelligentness of the waiver of those statements. |
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If a waiver or forebearance agreement has been granted, please attach a copy. |
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If we do not get that waiver then the agreement does not come into operation. |
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This discretionary waiver could lock in an unlevel playing field between Member States for internationally active banking groups. |
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The plaintiff who attacked the Warhol foundation sidestepped a waiver he had signed by accusing the group of monopolism. |
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Transport Canada had issued a waiver, through a grandfather clause, that allowed the company to use such a recorder. |
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Under all circumstances the renter must pay the excess waiver or leave a new excess deposit for the replacement vehicle. |
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The order to grant a waiver follows from extensive program testing of the fuel additive. |
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That would have been quite inconsistent with the whole nature of a waiver as a discretion to be exercised on the merits of the individual case, and with the Waivers Policy. |
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On sanctions, the west was prepared to offer temporary suspension of some by US presidential waiver and the unblocking of frozen Iranian funds. |
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He rejects a waiver, a moratorium or an exemption by way of solution, and we share his view on this. |
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There is only a technical procedure in the courts that has been somehow upheld by way of a waiver. |
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Any such waiver or consent will not constitute a waiver of, or consent to, any other provision. |
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Failure to do so may result in my waiver request being denied and my payer authorized to withhold accordingly. |
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Once a decision was made on waiver, it was communicated through the diplomatic channels. |
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The improvement resulted mainly from a waiver of the first quarter of 2004 interests on the bank debt as part of the Gores transaction. |
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This waiver can only relate to the portion of the loss resulting from exchange rate fluctuations. |
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The waiver by either party of any default or breach of this Agreement will not waive any other or subsequent default or breach. |
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The waiver of consent in this article is specific to secondary use of human biological materials. |
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In that case, you must call or visit your branch to find out if any credit card is eligible for the fee waiver. |
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The guide describes the application of these rules as well as circumstances in which a waiver will or will not benefit a worker. |
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A waiver from a family right or its implementation does not abolish the right except in cases provided for by law. |
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Failure by the Trust to exercise any of its rights shall not constitute a waiver of the future exercise of such right. |
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Firms using a third-party reviewer would be granted a fee waiver. |
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Silence or mere lack of objection does not constitute a lawful waiver. |
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A written waiver was prepared by counsel and signed by Blanchard. |
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If the collecting bank has not paid out the proceeds to the customer, it can, further, be sued in an action in quasi-contract based on the true owner's waiver of the tort. |
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For that reason I have asked DH, Attorney here in the US, to prepare a release and waiver for each client which must be executed prior to any return of capital. |
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Because Medicaid is not required to cover HCBS, because a waiver is not an entitlement, there are long waits for waivers. |
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If you miss the deadline because your financial institution bungled the rollover, you may be eligible for an automatic waiver, which means you don't have to apply for relief. |
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Should consent to sexual intercourse be treated as an irrevocable waiver? |
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The waiver waitlists are long enough if you live in one state without moving. |
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The Michigan waiver benefits include, besides the staff at home, respite care and environmental adaptations. |
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In 2011, a conditional waiver was granted to LightSquared to operate a terrestrial broadband service near the L1 band. |
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In many cases, those engaging in risky activities will be asked to sign a waiver releasing another party from liability. |
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To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver. |
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The safeness of the new drug hadn't been proven, so it could only be used experimentally, and you had to sign a waiver accepting the risks. |
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I had to sign a waiver when I went skydiving, agreeing not to sue even if something went wrong. |
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I needed a waiver from the zoning board for the house because the lot was so small, but they let me build because it was next to the park. |
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I needed a waiver from the department head to take the course because I didn't technically have the prerequisite courses. |
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It decides to exclude the pre-emptive right and to require the waiver of any rights to receive shares or other securities to be allotted under the terms of this resolution. |
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Initiation of such proceedings is not of itself to be regarded as a waiver of the agreement to conciliate or as a termination of the conciliation proceedings. |
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In conclusion, the Commission's doubts as regards the potential debt waiver expressed in the decision to initiate the procedure have been allayed. |
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If a Member State avails itself of the waiver provided for in Article 26, it shall notify the Commission accordingly by 1 November 2009 and it shall notify the Commission forthwith of any subsequent change. |
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Any such waiver or abridgement shall be in writing except a waiver of notice of a meeting of the Board or of a committee of the Board which may be given in any manner. |
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A refiner granted such an exemption must make-up any air quality deficit and pay back to the government any economic benefits derived as a result of the waiver. |
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But we are extremely hopeful that the amount of available funding will increase as we begin to see successes from the waiver implementation. |
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If the records do not show that the accused was assisted by counsel in making his waiver, this defect nullifies and renders his confession inadmissible in evidence. |
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The city avoided indictment in large part because of a legal concept known as sovereign immunity, which holds a municipality immune from prosecution absent a specific waiver. |
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The article deals with two situations in which the right of an injured State or other States concerned to invoke the responsibility of a wrongdoing State may be lost: waiver and acquiescence in the lapse of the claim. |
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However, under that act, the minister for finance has the power to approve a waiver of debt of an amount owing to the commonwealth which totally extinguishes that debt. |
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The Shipper waives, and vouches for the waiver by its insurers, of the right to exercise any remedies against the GTM if payments have been made by the GTM in accordance with the provisions of this Appendix. |
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The confirmation of the waiver is the basis for the investment. |
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Likewise, he held that disclosure of part of the records, in the context of the Act, did not amount to waiver of the privilege attaching to the expurgated material. |
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Because of the very limits that Mr Huhne talked about, this is, of course, very closely controlled by the Council's proposed waiver and particularly by some of the sensible compromises suggested earlier. |
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In the proposed guidelines, a waiver was allowed for QIs with no more than 2,000 direct and indirect accountholders. |
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The waiver does not apply to motorcycles, heavy-duty vehicles, or nonroad engines such as those in lawn mowers and chainsaws. |
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At that point, new Standard members were asked to sign a waiver ruling them out of any windfall should the company pursue a demutualisation. |
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Indeed, the waiver programs turned out to be an effective way of promoting a partisan policy agenda in the face of Congressional intransigence. |
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The Supreme Court of Canada has made it clear that when a person makes a waiver, to be effective the waiver must be clear and unequivocal and be done with the full knowledge of the rights that are being forsaken. |
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But signing a waiver relating to any harms that might ensue from the substance itself is certainly an expression of the reality that the client is voluntarily assuming the risks of ingesting that substance. |
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You do not have to get a waiver to reduce tax on these amounts provided that the employer contribution to your RRSP does not exceed your RRSP deduction limit. |
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Robison explained that such a waiver is appropriate since fast-track cases remain under Compliance jurisdiction. |
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Importantly, the Divisional Court confirmed that disclosure to an accused in the criminal matter pursuant to Stinchcombe obligations was not a waiver of the privilege because it was disclosed under compulsion of law. |
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No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by GCI or its agents to assert its rights under this Agreement on any occasion or series of occasions. |
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Where more than one person is eligible to file a claim, the claimant must secure a waiver from all other eligible claimants waiving their rights to claim. |
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It is not irreversible and does not constitute a waiver that may be used to force the release of documents that are properly protected from disclosure. |
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Medicaid waiver forms and hardship waiver consents should be prepared and included in the admission packet. |
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The ERC found that although the waiver request was mishandled, the Grievor had not shown that there were exceptional circumstances to justify waiving the time limit. |
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In February, Wuhu, a city in East-Central China's Anhui Province, announced a waiver of property taxes and a set of new subsidies for home purchases. |
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Sentencing Guidelines in 2004 were the final step in establishing waiver as a central tenet for companies to demonstrate cooperation with regulators. |
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Visitors must now sign an access permit and liability waiver. |
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Fast-track programs allow prosecutors in certain districts to offer below-Guidelines sentences in exchange for a defendant's guilty plea and waiver of certain rights. |
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The proposed rule also recognizes that some conflicts cannot be mitigated, requiring the contracting officer to select another offerer or request a waiver. |
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