Sentences with phrase «available remedies include»

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).

Other available remedies include injunctions, impounding infringing articles, and costs and attorney's fees.

If you fail to do this within ten (10) days Valve will pursue all available remedies including without limitation terminating your accounts.»

Not exact matches

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.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

that the Postdoctoral Scholar understands the procedural and substantive differences between arbitration and the other remedial forum or forums in which the dispute might have been resolved, including the differences in the scope of remedies available in arbitration as compared to other forums.

These remedies include ginseng and maca (two herbs widely available in dietary supplement form).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Nothing in this section shall be construed as preventing Edutopia from pursuing any and all remedies available to it, including the recovery of money damages from you.

In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DOT facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.

The good news is you have legal remedies available to negotiate an agreement with the CRA including a Consumer Proposal.

Among the remedies available under the program include: 1) grants to pay off any loan balances, closing costs, and moving expenses; 2) subsidies to pay for any shortage not covered by the grant (s).

It quite likely is, and you might be very surprised what the remedies available to your landlord can include.

They do reserve the right to collect delinquent loans using all legal remedies available including legal debt collection and civil court action.

In addition, home remedies are available, including honey or peppermint tea, both of which soothe the sore throat.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

For injunctions, the opinion suggested that although they are indivisible by nature, even a national court which is only competent to rule on part of the damages that have occurred would still be competent to rule on all other remedies available under national law (including a request to correct false information).

The remedies available include compensation for the party's services or an interest in the property proportionate to the party's contribution.

If the Crown fails to discharge its duty to consult, various remedies are available, including injunctive relief, «damages» or an order that consultation or accommodation be carried out.

139 A problem could raise this issue by including facts that could show remedies to be available in the foreign country.

Second, remedies should be available against private individuals and corporations (including the media) because absent any serious element of public interest, they were obliged to respect personal privacy as much as public bodies.

In addition to the rent for the property itself, often the lease will define other payments to the Landlord as being «rent» (particularly insurance premiums), and if these sums are not paid the Landlord can use the remedies available for rent arrears (including forfeiture) even if the rent itself has been paid.

We are also well - versed with state and federal laws governing intellectual property, and will aggressively seek all remedies available under appropriate statutes, including statutory damages.

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

As a result, victims of pregnancy discrimination can now win the same remedies available under any Chapter 151B action, including but not limited to back pay, front pay, punitive and compensatory damages, and attorneys» fees.

The legal remedies available in such a case may include reinstatement of employment, payment of back wages, restitution of benefits, or a cease and desist order.

«Labor Code statutes regulating meal and rest breaks, pay stubs, and minimum wages provide express statutory remedies, including penalties for violation of those statutes that are punitive in nature, that are available when an employer has violated those provisions, and are exclusive remedy available for such statutory violations absent evidence that statutory remedy is inadequate.»

After considering other available remedies, including a reduction of sentence and the possibility of legal or disciplinary proceedings against Mr. Asselin, the trial judge held that a stay of proceedings was the only appropriate remedy in the unusual and troubling circumstances of this case.

Basically, general maritime law includes the common law remedies that are available for maritime accidents.

Nextlaw Labs reserves the right to seek all remedies available at law and in equity for violations of this Agreement and / or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.

There are also remedies available under English Law including applications made to the High Court in England and Wales to obtain orders that direct the other parent to return the children to their home country immediately or orders which can be placed before the court of the country the children have been taken to, to persuade them to assist with the return of the children to their home country.

We can provide advice and guidance on the different types of dismissal, including wrongful, unjust and constructive dismissals, to ensure that you are aware of the rights and remedies that may be available in relation to your termination.

13.1 Are there limits on the types of remedies (including damages) that are available in arbitration (e.g., punitive damages)?

There are also civil remedies under RICO available to any person injured by a RICO defendant, which include treble damages sustained by the injured party and the cost of the lawsuit, including reasonable attorneys» fees.

Special litigation remedies available in real property disputes include preliminary injunctions to stop foreclosure or other activity, writs of attachment to secure recovery from real property, and lis pendens or Notice of Real Property Action recorded with the county to prevent the transfer of property to third parties while litigation is pending.

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.

The litigation also relates to the remedies available to the claimants (including consideration of issues of limitation and / or the effect of any applicable statutory regime in domestic law which permits recovery of stamp duty or stamp duty reserve tax) if, as claimed, the charges are contrary to European Union law in the circumstances specified.

Advising a group of companies and their managing director / shareholder as to the avenues available to remedy the fraudulent diversion of company assets by a co-director, including the possibility of seeking pre-emptive relief.

We have knowledge and experience in the management of business disputes including the urgent equitable remedies available through the courts.

An enforcement clause, which appears designed to create standing, states: «I understand that the United States Government or, upon completion of the term (s) of Mr. Donald J. Trump, an authorized representative of Mr. Trump, may seek any remedy available to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.»

In addition to the list of legal remedies above, the FRO has certain other avenues of recourse and powers available to it, including:

Protective reserves the right to seek any remedy available at law or in equity for any violation of these Rules and Regulations, including the right to block access from a particular Internet address to this Site.

It quite likely is, and you might be very surprised what the remedies available to your landlord can include.

[50] The parties have many significant issues to grapple with, including finalising extinguishment issues and considering liability to pay compensation or whether other remedies are available.

From the judicial perspective Approaching the Court and seeking relief, including what remedies are available and when (and how) the Court should intervene.

The remedies available include a shift in parenting decisions in one or all areas exclusive to the unimpaired parent, limiting parenting time, or even supervised parenting time, or court ordered counseling intervention.