Sentences with phrase «breach of obligations covered»

Jeffery Wilson: «Case Commentary: Bruker v. Marcovitz and the Matter of Damages for Breach of Obligations Covered by Family Law Legislation: Frame v. Smith re-visited», (2008), 21 Ont.

Not exact matches

It covers a wide range of considerations, including: the date the BIT enters into force; the timing of the alleged breach; whether there is an identifiable investor; whether there is an identifiable investment; fair and equitable treatment; expropriation; breach of the obligation to provide full protection and security, most - favoured nation provisions and their implications; «umbrella clauses» and their implications; whether there are explicitly incorporated procedural requirements to be followed; whether there is sufficient evidence to make out a prima facie case of breach of a BIT; the value of the claim; and «just and equitable» damages.

He is unlikely to get the benefit of an indemnity for this, since it would almost certainly be a breach of his obligations to the LLP, but in practice he should not worry, since the risk is the same to the LLP's insurers, and the Law Society's minimum terms and conditions require insurers to cover individuals in such circumstances, and top - up insurers should be required to do so as well.

As provided in the HIPAA Breach Notification Rule, covered entities, upon discovery of a breach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected indiviBreach Notification Rule, covered entities, upon discovery of a breach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected indivibreach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected individuals:

The rule now stipulates, however, that if the covered entity is unable to cure a material breach of the business associate's obligation under the contract, it is expected to terminate the contract, when feasible.

(ii) A covered entity is not in compliance with the standards in § 164.502 (e) and paragraph (e) of this section, if the covered entity knew of a pattern of activity or practice of the business associate that constituted a material breach or violation of the business associate's obligation under the contract or other arrangement, unless the covered entity took reasonable steps to cure the breach or end the violation, as applicable, and, if such steps were unsuccessful:

Some of these situations are likely to be covered by express provisions of the outsourcing agreement, e.g. outsourcing agreements normally provide that it is not a breach of the confidentiality obligations for a party to disclose confidential information to the extent required by applicable law.