The Proposed Consent Order Sample Clauses

The Proposed Consent Order. The proposed consent order contains provisions designed to prevent Respondents from engaging in similar acts and practices in the future and to halt continuing harm caused by Respondents’ prior unlawful practices. Part I of the proposed order prohibits Respondents from contacting any consumer’s computer, to display ads or otherwise, if their adware was installed on that computer before January 1, 2006. Parts II and III prohibit Respondents from, or assisting others in, installing software onto any computer by exploiting security vulnerabilities or failing to give adequate notice to consumers, or installing any software program or application without express consent. ‘‘Express consent’’ is defined in the proposed order to require clear and prominent disclosure of material terms prior to and separate from any end user license agreement, and consumer to obtain express consent before installing Respondents’ software onto consumers’ computers. Part V also contains sub-parts mandating certain measures Respondents must take to monitor their distribution network. Part VI requires Respondents to identify advertisements served via Respondents’ adware in order for consumers to easily locate the source of the advertisement, easily access Respondents’ complaint mechanism, and access directions on how to uninstall such adware. Part VII requires Respondents to provide reasonable and effective means for consumers to uninstall Respondents’ adware. Part IX requires Respondents to pay $3 million to the Commission over the course of a year. In the discretion of the Commission, these funds may be used to provide such relief as it determines to be reasonably related to Respondents’ practices alleged in the complaint, and to pay any attendant administrative costs. Such relief may include the rescission of contracts, payment of damages, and/or public notification respecting such unfair or deceptive practices. If the Commission determines, in its sole discretion, that such relief is wholly or partially impractical, any funds not used shall be paid to the U.S. Treasury. Part X requires Respondents to cooperate with the Commission in this action or any subsequent investigations related to or associated with the transactions or the occurrences that are the subject of the Complaint. The remaining order provisions govern record retention (Part VIII), order distribution (Part XI), ongoing reporting requirements (Parts XII and XIII), and filing a compliance report (Part XIV). Part XV pro...
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The Proposed Consent Order. The consent order is designed to prevent a recurrence of the allegedly illegal conduct. Part I of the proposed order contains definitions of the terms “respondent" and “emergency room call services.” Part II of the proposed order prohibits proposed respondent from entering into or attempting to enter into any agreement or understanding, either express or implied, with any physician to withhold or threaten to withhold emergency room call services at any hospital. Part II of the proposed order also prohibits respondent, for a period of five years, from expressly or impliedly threatening that any physician would or might, in concert with any other physician, withhold emergency room call services at any hospital. Part II of the proposed order provides that the order does not prohibit proposed respondent from entering into any agreement with his employees or with partners in his medical practice. Part III of the proposed order requires proposed respondent within thirty days after the proposed order becomes final, to distribute a copy of the order and complaint to certain hospitals. Part III of the proposed order also requires proposed respondent to file a written compliance report with the Commission within sixty days after the order becomes final and to notify the Commission within thirty days of any change in his business address. The purpose of this analysis is to facilitate public comment on the proposed order, and is not intended to constitute an official interpretation of the agreement and proposed order or to modify their terms in any way. The proposed consent order has been entered into for settlement purposes only and does not constitute an admission by proposed respondent that the law has been violated as alleged in the com plaint Xxxxxx X. Xxxxx, Secretary [FR Doc. 91-30315 Filed 12-18-91; 8:45 am] BILLING CODE «750-01-M [File No. 902 3288] Sun Company, Inc., et al.; Proposed Consent Agreement With Analysis T o Aid Public Comment AGENCY: Federal Trade Commission. ACTION : Proposed consent agreement. SUM M ARY: In settlement of alleged violations of Federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreem ent accepted subject to final Commission approval, would prohibit, among other things, the misrepresentation of the efficacy claims for Sunoco Ultra octane gasoline and would require respondents to maintain materials to substantiate such claim s in the future.
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The Proposed Consent Order. The Proposed Order contains the following substantive provisions:
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Related to The Proposed Consent Order

  • Required Consents No consent shall be required for any assignment except to the extent required by subsection (b)(i)(B) of this Section and, in addition:

  • Seller’s Approval Buyer must obtain Seller’s approval, in writing, to any change to the letter described in Section IV(c) regarding the financial institution, type of financing, or allocation of closing costs; and

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Court Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.

  • Effect of non-approval of proposals (6) Notwithstanding that under subclause (1) any proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 31 October 1992 or by such extended date or period if any as the Company shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Company 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 35. Implementation of proposals

  • REQUIRED APPROVAL Any indemnification under this Article shall be made by the Trust if authorized in the specific case on a determination that indemnification of the Agent is proper in the circumstances by (i) a final decision on the merits by a court or other body before whom the proceeding was brought that the Agent was not liable by reason of Disqualifying Conduct (including, but not limited to, dismissal of either a court action or an administrative proceeding against the Agent for insufficiency of evidence of any Disqualifying Conduct) or, (ii) in the absence of such a decision, a reasonable determination, based upon a review of the facts, that the Agent was not liable by reason of Disqualifying Conduct, by (1) the vote of a majority of a quorum of the Trustees who are not (x) “interested persons” of the Trust as defined in Section 2(a)(19) of the 1940 Act, (y) parties to the proceeding, or (z) parties who have any economic or other interest in connection with such specific case (the “disinterested, non-party Trustees”); or (2) by independent legal counsel in a written opinion.

  • No Conflicts; Consents The execution, delivery and performance by Sellers of this Agreement and the Ancillary Agreements to which it is a party, and the consummation of the transactions contemplated hereby and thereby, do not: (a) result in a violation or breach of any provision of the certificate of incorporation or bylaws of Sellers or the organizational documents of the Purchased Subsidiary; (b) result in a material violation or breach of any provision of any Law or Governmental Order applicable to any Seller, the Purchased Subsidiary, the Business or the Transferred Assets; (c) except as set forth in Schedule 4.03, require the consent, notice or other action by any Person under, conflict with, result in a violation or breach of, constitute a default under or an event that, with or without notice or lapse of time or both, would constitute a default under, result in the acceleration of or create in any party the right to accelerate, terminate, modify or cancel any Material Contract that constitutes a Transferred Contract or a material Permit to which a Seller or the Purchased Subsidiary is a party or by which such Seller, the Purchased Subsidiary or the Business is bound or to which any of the Transferred Assets are subject (including any Transferred Contract); or (d) result in the creation or imposition of any material Encumbrance other than Permitted Encumbrances on the Transferred Assets. Except as set forth in Schedule 4.03, no material consent, approval, Permit, Governmental Order, declaration or filing with, or notice to, any Governmental Authority is required by or with respect to any Seller in connection with the execution and delivery of this Agreement or any of the Ancillary Agreements and the consummation of the transactions contemplated hereby and thereby.

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