18) Justified by this higher burden, materiality properly plays a role in contract law that loss causation alone cannot: A material breach
excuses the other party from all future performance.
This will include time spent carrying out visits (including all the time on site during which the material breach
was identified); writing notifications of contravention, improvement or prohibition notices and reports; taking statements; and getting specialist support for complex issues.
Under the 'Fee For Intervention' scheme (FFI), costs would be recovered if, during an inspection or investigation, a material breach
- a failure to adhere to health and safety law identified by an inspector as requiring formal action - is discovered.
If you are taking two or three steps to do what you can't do in one, that still represents a material breach
," said Naomi Aoki, a spokeswoman for Biogen.
The Tax Court held that Trout's failure to timely file the returns was a material breach
of the OIC and that the Appeals officer did not abuse his discretion in refusing to reinstate the OIC.
Independence Federal countered by stating that Carver "was in material breach
of its merger agreement" because it was "no longer willing to pay" Independence Federal stockholders $21 a share.
A court in Delaware has indicated that it will dismiss Qualcomm's argument that TI did not make a material breach
of the terms of a patent cross-license agreement and that Qualcomm didn't have any right to cancel TI's right to its CDMA patents.
For its part, TI claimed the court indicated it did not believe TI had made a material breach
of the companies' agreement, and that Qualcomm was not entitled to terminate the agreement.
Tutor-Saliba's) inability to construct a parking facility that is structurally sound is a material breach
of the intent of the contract and is obviously unacceptable,'' Kim Day, the interim executive director of Los Angeles World Airports, wrote to Tutor-Saliba Corp.
In order to reduce the risk that your distributor will bring a wrongful termination claim (and increase the chances that a Japanese court will uphold the termination if a claim is brought), the distribution agreement should impose a series of specific obligations upon the distributor and verify that failure to satisfy any of these obligations constitutes a material breach
entitling you to terminate.
Cheney argued in a speech in mid-October that Kay's report "confirms a material breach
by the former Iraqi regime of U.
A Welsh-only rule is therefore imperative sometimes, eg eisteddfod competitions, as any material breach
could be the start of a slippery slope towards wholesale Anglicisation, English usually (but not always) being the interposing language in the event of a breach.