Sentences with phrase «actual damages include»

Not exact matches

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

In his view the company also needs to create systems to audit third party data collection and sharing «on an ongoing basis» — and thereby «hold third parties to their promises by engineering controls and contractual lockups» — including «effective remedies when third parties break the rules — including enforceable rights to audit, retrieve, delete and destroy data improperly acquired or used, and liquidated and actual damages for violations».

Retrophin seeks actual and consequential damages, an accounting of the profits received by Shkreli and the MSMB Funds, disgorgement of those profits, punitive damages, and its costs and attorneys» fees, including without limitation the costs of the Investigation.

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry (R) World (TM); risks related to the collection, storage, transmission, use and disclosure of confidential and personal information;

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

When you rent your car through Turo, your car is protected against physical damage, up to its actual cash value, for collision and most «comprehensive» causes, including theft.

Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs.

You agree to indemnify and hold Tommy Bahama (and its officers, directors, agents, subsidiaries, joint ventures, employees and third - party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys» fees, arising out of a breach of your representations and warranties set forth above, your use of this Website, or your violation of any law or the rights of a third party.

To the extent you have in any manner violated or threatened to violate The Math Learning Center's intellectual property rights; disclosed or threatened to disclose any of The Math Learning Center's confidential or proprietary information; violated or threatened to violate the security of any person, data, The Math Learning Center servers or networks, and / or the Websites; and / or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such actual or threatened violation or breach will cause immediate and irreparable harm to The Math Learning Center, and we shall be entitled to injunctive and other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.

For Apple, if it loses, the bill will be much higher since the company decided to fight rather than settle, and because antitrust law includes a nasty penalty clause that triples actual damages.

In case the creditor continues it and violates the automatic stay, you can seek actual damages from the creditor, including attorneys» fees.

[FN17] Civil liabilities include actual [FN18] and punitive damages, [FN19] as well as attorneys» fees and costs for the prevailing party in a successful action to enforce liability.

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover a penalty of five times the amount of the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover twice the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

Injunctive relief, the actual damages or $ 3,500 (whichever is greater), or both, including costs and attorney's fees, and additional civil penalties up to $ 2,000 for each violation.

The amount of the liability is limited to the cost of actual damages to the customer, including arrest, prosecution or other consequential damages.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Other travel protections include primary auto rental collision damage coverage, coverage for lost or delayed baggage and 24/7 roadside dispatch — although you will pay for the actual service to your car, such as towing or a battery jump.

By using the Service, you agree to indemnify and hold Humble Bundle, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys» fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service.

IN ANY SUCH DISPUTE, PARTICIPANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS» FEES, OR ANY DAMAGES OTHER THAN PARTICIPANT»S ACTUAL OUT - OF - POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN THE CONTEST.

Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Campaign).

They are awarded in addition to the special damages, which include compensation for the actual monetary losses incurred, such as medical bills, lost wages and cost of therapy.

Would also allow an applicant to sue an employer that violates the law to seek punitive and compensatory damages of up to $ 300,000, including actual damages, court costs, and attorney fees.

Expanding actual damages to include unexpected harms ensures that a victim is properly compensated for all of their losses.

Economic damages are designed to reimburse victims for actual costs, including medical, surgical and rehabilitative expenses, lost wages (present and future), healthcare for permanent disability, and any property damage incurred.

The total damage award for intangibles includes pain and suffering damages and can be grossly inadequate when compared to the actual medical expense damage amounts.

Actual damages typically include:

Actual or special damages include such things as medical expenses, lost wages, and property damage — damages that are relatively easily quantified.

Available remedies include compensation in an amount equal to the actual loss or damage suffered or expenses incurred, and additional amounts for different CASL violations (each with a maximum amount).

Remedies for misappropriation of a trade secret under the federal Act include injunctive relief, damages for actual loss caused by the misappropriation, damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret.

If victims claim punitive damages, the jury will consider factors including the degree of reprehensibility of the defendant's actions, the disparity between the punitive award and the actual harm, and the amount of sanctions usually imposed for similar actions.

As part of the consideration to induce MC to undertake its obligations and perform its services with respect to your order, you and your applicable representatives each agree jointly and severally to indemnify and save harmless MC, and its affiliates, employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys» fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and / or any other actual or potential claims or suits that may arise out of MC's obligations and / or services with respect to your order.

Economic damages are based on actual losses, both present - day, as well as any future expected losses, and include:

Under Virginia law, there are many types of damages, including actual damages, compensatory damages, consequential damages, future damages, general damages and liquidated damages.

Accordingly, the Parties each agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity, or otherwise, the Disclosing Party shall be entitled (a) to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party from any loss or harm, including but not limited to attorney's fees, arising out of or in connection with any breach or enforcement of the Receiving Party's obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's Confidential Information.

(1) Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

Damages claimed also include the difference between the price the claimants paid for Mt. Gox's services as promised and the diminished value of those services in light of the actual utility, safety and security of Mt. Gox (par.

- Private parties must be able to claim damages for losses suffered as a result of breach of the EU competition rules (see Courage Ltd v Crehan: C - 453 / 99 [2001] ECR I - 6297, [2001] All ER (EC) 886), and this must include a right to claim both for actual loss and loss of profit (see Manfredi v Lloyd Adriatico Assicurazioni SpA, Cannito v Fondiaria Sai SpA, Tricarico and Murgolo v Assitalia SpA: C - 296 / 04 [2007] All ER (EC) 27).

The insurance company and its attorneys, however, must carefully consider all the factors of the case — including the extent of the injuries and the amount of insurance coverage available — before taking any steps that could result in the actual defendant being personally responsible for payment of damages.

Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

An insurance plan may include coverage for replacing lost or damaged items at their actual replacement cost as opposed to their cash value or coverage for personal liability or even for identity theft.

Comedy Driving Traffic School can not be held liable for loss, damage or delay of packages caused by events we can not control, including but not limited to acts of God, perils of the air, weather conditions, acts of public enemies, war, strikes, civil commotions, or acts of public authorities with actual or apparent authority.

Your options include everything from uninsured motorist property damage coverage to gap insurance — this option is particularly notable, as it pays up to 25 percent more than your car's actual cash value to your lender if your car is ever declared a total loss.

For physical loss or damage, coverage includes the hull, fittings, machinery, furnishings and permanently attached equipment as part of either an actual cash value policy or on an agreed amount value basis.