Sentences with phrase «damage provision»

The phrase "damage provision" refers to a part of a contract or agreement that outlines what happens if someone causes harm or loss. It typically states who is responsible for paying for the damage and how much they need to pay. Full definition
If a driver is hit by someone without insurance, he may be able to collect for damages to his vehicle under the uninsured motorist property damage provision of his insurance policy.
You can consult with an attorney or do some legal research to see whether a statutory damages provision applies to your case.
Many policies that cover cars are designed to meet state - required liability, and a flat rate monetary property damage provision for the other person's property.
The largest change in this bill is to the double damages provisions.
Black v. McGregor2007 SC 69 Inner House; Construction of interest and liquidate damages provisions in missives for sale of property.
Thus, for the hospital or clinic, a non-compete, restrictive covenant, or liquidated damage provision in the employment contract with the physician helps protect the investment that the hospital or clinic is making in the physician, the substantial financial risk they take on the physician, the future treatment of patients, and the future revenue stream.
Hopefully, we can work with the Texas Education Agency in the implementation of this bill so as to mitigate its more damaging provisions.
The outcome also establishes a task force on climate change - related displacement within the WIM, and makes clear that the loss and damage provision does not create new legal liability for emitting countries.
And it should be noted that standard common law exclusion of consequential damages provisions are usually drafted in a manner that is inefficient to exclude these in Quebec.
It could permanently damage the provision of criminal legal aid.»
In the case of commercial infringement, the statutory damages provisions allow for a range of damages between $ 500 and $ 20,000 for all infringements relating to each work.
The punitive damage provision in the massive highway funding bill, H.R. 3, also holds that any portion of a punitive damage award covered by the defendant's insurance will be included in the defendant's gross income.
House Bill 2036 has several damaging provisions that pose a threat to women's health, but the provision of the bill that bans abortion at 20 weeks is a particularly cruel and dangerous attack on women's health.
The one - year agreement contained a liquidated damage provision giving the brokerage the right to collect damages on any unsold units — at a specified commission rate and unit price structure — if the listing was terminated before the one - year period.
Our contracts with clients generally run for several years and include liquidated damage provisions that provide for early termination fees.
Hopefully, we can work with the Texas Education Agency in the implementation of this bill so as to mitigate its more damaging provisions, for this is a significant change for the entire K - 16 pipeline, with implications for higher education policy as well.
He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.
Uninsured motorist contains bodily injury coverage, and can also contain property damage provisions.
damage provision in the employment contract with the physician helps protect the investment that the hospital or clinic is making in the physician, the substantial financial risk they take on the physician, the future treatment of patients, and the future revenue stream.
Sadiq Khan's response stressed the need for better contracting, to include liquidated damages provisions.
«While the part of the House Education budget that has been released so far doesn't contain some of the damaging provisions as the Senate, it does not make the same strong investments in our public school students that Governor Cooper recommended,» said NCAE President Mark Jewell in a statement Thursday.
«Limiting a parents» fundamental right to opt their children out of the unfair, inappropriate and discriminatory standardized testing scheme and mandating that every child must take a standardized test ever year are just two of the damaging provisions of the ESSA draft regulations being proposed by the Obama Administration,» Pelto said.
Generally speaking, in most industries, non-competes, restrictive covenants or liquidated damage provisions are looked at with disfavor by courts as limiting an employee's options, competition, and the free market.
Thus, the well - informed practitioner will review these types of facts in any situation involving the enforcement of a non-compete, restrictive covenant or liquidated damage provision.
The enforcement of non-competes, restrictive covenants and liquidated damage provisions are highly fact dependent upon the particular situation, thus to state that there is never any leeway would be inaccurate.
An often overlooked aspect of a non-compete, restrictive covenant, or liquidated damage provision is also the protection that the contractual provision provides to the community and patients as a whole.
Due to the relationships established in the community, the physician would rather stay in the community and pay a liquidated damage provision or fight against a breach of contract claim rather than move to a new community and start over.
This can cause tension and may give rise to the physician leaving, even if it means violating a non-compete, restrictive covenant or liquidated damage provision.
In the healthcare industry, I personally prefer the use of a liquidated damage provision, versus a restrictive covenant or non-compete.
Common reasons for non-competes, restrictive covenants or liquidated damage provisions being violated by a physician, include financial incentives for both the physician, as well as the competing clinic or hospital, malcontent with the employing clinic or hospital, and / or bad legal advice to the physician.
With a liquidated damage provision, the physician can still practice medicine within the defined area or during the defined time, but pays a defined amount to their prior employer (six months» salary or some set amount).
In Lefemine, the Supreme Court established a test to determine when a liquidated damages provision will be enforceable, and when it will be unenforceable as a penalty clause.
Even so, the person who presented the following confidentiality agreement — with a liquidated damages provision, natch — to his study group may be an outlier.
com MAR 2018 informed practitioner will review these types of facts in any situation involving the enforcement of a non-compete, restrictive covenant or liquidated damage provision.
Common reasons for non - competes, restrictive covenants or liquidated damage provisions being violated by a physician, include financial incentives for both the physician, as well as the competing clinic or hospital, malcontent with the employing clinic or hospital, and / or bad legal advice to the physician.
Liability coverage includes both bodily injury and property damage provisions, so you will be protected from the financial cost of the accident in both of those areas, up to the maximum policy limit.
The ruling conformed with the Electronic Privacy Information Center's amicus brief filed on behalf of consumers, which contended that in the VPPA Congress created a «statutory damages provision» that is «triggered by a violation of the Act, irrespective of the showing of consequential harm.»
To avoid uncertainty about the outcome of the remedies available for a breach of the covenant, the parties can stipulate in the lease to a liquidated damages provision; for example, double rent.
An Illinois court has considered whether a liquidated damages provision was enforceable in a listing agreement specifying that brokerage would receive a commission amount for all unsold units in condominium development if developer terminated listing agreement prior to expiration date.
Key lease agreements may contain a liquidated damages provision to offset some or all of the costs in reestablishing the security of the system if it is determined that the security has been compromised through the negligence or fault of the keyholder.
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