THE ISSUES Sample Clauses

THE ISSUES. 9. The issues to be determined on the question of liability are, of course, grounded in the tort of negligence on which the claim is based. Therefore, for the claim to succeed, it must be established by the claimant to the requisite standard that the first defendant owed a duty of care to him at the material time; that there was a breach of that duty by the first defendant; that the injury he sustained was a foreseeable consequence of the breach of duty; and that the injury, in fact, resulted from that breach.
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THE ISSUES. WORK PLACE CHANGE It is agreed that the gardens of the Governor's Establishment must be maintained to a standard of excellence befitting the residence of the Head of State. The focus must be on introducing flexibilities which will result in fundamental changes to how the gardeners' work is organised, what work is carried out and when the work is carried out. Such issues include:
THE ISSUES. With this document, “Suez Responsibility,” the Group undertakes to promote diversity and equal opportunity within the communities in which it is present. The aim is to establish standards for Equality and Diversity covering all working conditions, from recruitment to pay and promotion, and including training and working hours. Throughout this document, Suez recognises the importance of involving employee representatives and union organisations in designing, implementing and controlling the Equality and Diversity Policy. Today, Suez intends to demonstrate a new stage in its commitment with a reference document calling on management and employees, as well as the social partners, to mobilise. This document has been drawn up in consultation with the Suez ECC Equality and Diversity Commission.
THE ISSUES. The major issues addressed at the hearing were the need for WKP to acquire a secure supply of power through to 2005 at fair rates, and whether the Agreements provide an appropriate sharing of benefits. Alternative scenarios were examined, the most important being the provision of backup supply. Among utilities, WKP is in a unique position of risk in regard to access to energy supplies. The 1990 Annual Report of the Company (Exhibit 19) reports the following figures under the section titled Resource: Energy Sources: WKP owned generation 1,485 Gw.h 54 percent Purchased from Cominco 1,079 Gw.h 40 percent Purchased from B.C. Hydro 157 Gw.h 6 percent Energy Capacity Purchases; All time peak load, December 29, 1990 WKP owned generation 623 MW 195 MW 31 percent Cominco 263 MW 42 percent B.C. Hydro 165 MW 27 percent It is obvious that for many years WKP's own generating capacity has been insufficient to meet its utility load. As previously noted, the provision of firm supply by CSOSPA ended in December 1990. In the face of the resulting uncertainty, WKP negotiated the two new Agreements to replace CSOSPA and firm-up a source of energy supply for a period to assist the Company in its long-term resource planning (Exhibit 2, Tab 2, Page 1 and T. 11).
THE ISSUES. 1. Whether the action can be maintained without Xxxxxxx Xxxxxx being a party in her capacity as Legal Personal Representative?
THE ISSUES. 9. The Court had to determine the primary issue as to whether the operative circumstances which led to the termination of the Claimant’s contract could be viewed as falling under the rubric of “unforeseen changes in the UTT’s operational requirements” as referenced in the 2016 contract.
THE ISSUES. Several factors influence prairie chicken habi- tat and populations. A major negative factor is widespread annual burning and intensive early stocking of livestock. This range management practice removes all residual grass cover just prior to nesting. The lack of good nesting cover makes it difficult for a prairie chicken to suc- cessfully hatch and rear young. On the other end of the spectrum, lack of fire can result in woody species invading native grasslands. Tree invasion into the prairie is an obvious blight, and the eradication of trees is costly. Trees provide habitat for numerous pred- ators so their presence in a grassland landscape can increase predation of prairie chicken nests, young, and adults. Research has shown that vertical structures reduce prairie chicken use of the surrounding grassland for up to a mile in some cases. Just a few trees spread over the landscape can greatly influence prairie chicken use of an area. Because trees are so detrimental to prairie chickens, the Prairie Chicken Initiative will pay for the removal of trees on private land. To be eligible for the program, the property must lie within the established prairie chicken range in southeastern and south central Kansas. Priority will be given to prairies near active booming grounds or “leks”.
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THE ISSUES. 3.1 The various arguments advanced on behalf of the parties can, in my view, be subsumed into the following two issues:
THE ISSUES. The United States challenged the provisions of Article 68(1) of the Brazilian Intellectual Prop- erty Right Law of 1996, which requires patent holders to manufacture locally, failing which, the government is entitled to issue compulsory licenses for local production. Brazil insisted that the law was central to the country’s public health policy, and that the threat of compulsory licensing has been instrumental in its negotiations with pharmaceutical companies to reduce prices on imported ARV drugs. On June 25, 2001 the US Government withdrew its WTO Panel against Brazil and in turn, Brazil agreed to hold talks with the US before applying Article 68. In a related incident, Brazil threatened to use the provision when its negotiations with Roche broke down over lowering prices of nelfinavir, the drug marketed as Viracept by Roche. While this announcement provoked protests by pharmaceutical companies, the move was hailed by developing country governments and activists who saw it as a first step in implementing the TRIPS provisions built in for ensuring public health provision. Eventually, Roche agreed to lower the price by another 40%, as demanded by Brazil and the Article 68 was not invoked. In the most recent incident, the Brazilian government threatened to revoke the patent for kal- etra, which is produced by Xxxxxx Laboratories because of what it saw as excessive pricing of the drug in Brazil. The government threatened to produce the drug locally in government laborato- xxxx if the price was not reduced or if Abbott did not grant a voluntary license for the drug. After protracted negotiations, an agreement was reached in October 2005 and the price of kaletra was reduced from USD $ 1.17 per pill to 63 cents thereby saving the national AIDS program a further USD $ 339 million over six years.
THE ISSUES. WELFARE REFORM Cross party relations again became chilly and this became highly tense after the murder of 2 republicans supposedly by the PIRA. This revelation doomed the Stormont house agreement and led to almost a full break down in the assembly and return to direct rule. Only the fresh start agreement saved this
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