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References in periodicals archive ?
Because Flea World does not fall into any of the specified categories that constitute an ISP, they cannot claim the safe harbor defense under the DMCA.
burden of supporting the safe harbor defense should rest with the
needed to support its safe harbor defense, and therefore, should bear
In order to determine the availability of the Section 546(e) safe harbor defense to Plains, the bankruptcy court first had to determine whether the payments that Plains received from Renew under the three sales contracts were "settlement payments" that were made pursuant to a "forward contract," as such terms are used in the Bankruptcy Code.
The court noted that several other courts that considered the issue of whether a commodity contract was a "forward contract," for purposes of the safe harbor defense, analyzed the: (i) contract's language; (ii) purpose of the contract; and (iii) motives of the parties.
Naval Reserve mobilization commander for Military Sealift Command Pacific, called "the Navy's premier harbor defense and naval coastal warfare force protection training exercise.
Seahawk proved to be a valuable tool in training for harbor defense.
However, the growing use of long-range missiles brought an end to harbor defenses in the U.
Less than a century later, Charleston's harbor defenses witnessed the beginning of the War Between the States The first shots fired upon Fort Sumter on April 12, 1861, were the direct cause of this tragic war.
Du Pont as commander of the South Atlantic Blockading Squadron (July); bombarded Charleston's harbor defenses several times, but without noticeable effect (August-October), and provided valuable support to General Sherman in the capture of Savannah (December 1864); commander of the South Pacific Squadron (1866-1868), then again chief of the Bureau of Ordnance (1868-1869); commandant of the Washington Navy Yard (1869), he died there on July 12, 1870.
Louis and the New York Harbor defenses (1836-1846); after the outbreak of war with Mexico, he served in General Wool's expedition to Saltillo, preparing bridges and selecting routes (September 26-December 21); joined General Scott at Brazos (January 1847); served with distinction on Scott's staff at capture of Veracruz (March 27) and at Cerro Gordo (April 18), where his reconnaissance found the crucial route for Scott's outflanking force; his reconnaissance also contributed to Scott's victories at Contreras and Churubusco (both near Mexico City) (August 20, 1847) and at Chapultepec Castle (September 13, 1847); superintendent at West Point (1852-1855), then promoted to colonel commanding the 2d Cavalry in St.
Johnston's expedition against the Mormons (1857-1858); undertook a series of special assignments, inspecting and reorganizing harbor defenses at Charleston, South Carolina, evacuating Federal troops from Texas after secession, and organizing volunteers in Pennsylvania (1860-1861); colonel of 15th Infantry (May 14, 1861); promoted to brigadier general of volunteers (May 17), while he was serving as chief of staff in the Department of Pennsylvania (April-July); placed in charge of training troops around Washington, D.