Sentences with phrase «action against the other party»

A provision that gives the issuer or bondholder an option, but not the obligation, to take an action against the other party.

Not exact matches

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Sites and the Applications for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and / or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; (d) manage the Sites and the Applications in a manner designed to protect our and third parties» rights and property or to facilitate the proper functioning of the Sites and the Applications; (e) screen our users or members, or attempt to verify the statements of our users or members and / or (f) monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.

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.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

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.

The CIP includes action areas for Member States, WHO and other actors and recommends «to create a supportive environment for the implementation of comprehensive food and nutrition policies» and calls for Member States to «establish a dialogue with relevant national and international parties and form alliances and partnerships to expand nutrition actions with the establishment of adequate mechanisms to safeguard against potential conflicts of interest».

Doubtlessly, there are also lots of accusations, allegations and rumour against certain persons in the party which cases appears not excite the interest of the powers that be to attract the same measure of action as earlier meted out to others - KENNEDY AGYEPONG AND HIS ILKS.

The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self - defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.

Black's Law Dictionary defines collusion as «A deceitful agreement or compact between two or more persons, for the one party to bring an action against the other for some evil purpose».

Pigeon and several other disgruntled democrats recently formed a Political Action Committee to support several candidates mounting primary challenges against a number of party endorsed democrats.

Article 5 The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self - defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.

Whereas some NDC members in constituencies «boiling» since the primaries are in court challenging their outcome, others are said to have decided not to take any action but will remain noncommittal or possibly, vote against the party's elected parliamentary candidates in the November 7 elections.

He became the CPC Presidential candidate for the 16 April 2011 general election, running against incumbent President Goodluck Jonathan of the People's Democratic Party (PDP), Mallam Nuhu Ribadu of Action Congress of Nigeria (ACN), and Ibrahim Shekarau of ANPP among others.

More than seven months after these very serious allegations by the NPP neither the NDC nor its NEC and other members who benefitted from the loot have issued any action to challenge the allegations against the Party and those other members mentioned.

NPP's First Vice Chairman Freddy Blay had convened the emergency NEC meeting to among others, consider report of the National Disciplinary Committee of the NPP recommending a disciplinary action against the party's National Chairman, Paul Afoko.

A civil action represents a law suit of one or more parties, including business entities, or against one or more other parties, including business entities.

The constituency elections, which are expected to end on Tuesday, February 27, have seen some aggrieved parties take legal action against individuals, whiles others are challenging some of the processes leading to the polls.

The motion, tabled by the Scottish National party's foreign affairs spokesman, Alex Salmond, was backed by MPs from six other parties, and called for parliamentary committees to investigate and take appropriate action against the former prime minister.

The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; HOWEVER THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND.

Cars.com expressly reserves the right to release any personally identifiable information or other information you provide to third parties under the following circumstances: (a) when required by law or legal process, (b) to investigate and / or take action against illegal activity, suspected abuse or unauthorized use of the Site, (c) to protect the property or safety of our users or others, (d) to enforce our Terms of Service and (e) in connection with any sale or other transfer of ownership of all or a part of Cars.com.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

(5) No party other than the Contractor shall have any right to proceed directly against the Government or join the Government as a codefendant in any action.

Pursuant to the Plan, the Company is also authorized to dispose of its remaining non-cash assets, on such terms and at such prices as the Company's board of directors, without further shareholder approval, may determine to be in the best interests of the Company and its shareholders, to pay or make reasonable provision to pay all claims against and obligations of the Company, to make such provisions as will be reasonably likely to be sufficient to provide compensation for any claim against the Company which is the subject of a pending action, suit or proceeding to which the Company is a party, to distribute on a pro rata basis to the shareholders of the Company the remaining assets of the Company, and, subject to statutory limitations, to take all other actions necessary to wind up and liquidate the Company's business and affairs.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.

By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.

YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PreFlight OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE.

Quiplash is the perfect party game, with up to eight of your best friends competing against each other in a sort of «live - action» mad libs meets Cards Against Humanity style gaagainst each other in a sort of «live - action» mad libs meets Cards Against Humanity style gaAgainst Humanity style gameplay.

Runbow is a fast - paced action party game with a never - before seen color mechanic: Up - to nine players race against each other as platforms and obstacles appear and disappear when the background changes vibrant colors.

What starts out innocently enough as one bear relieving itself of an itch against a tree, soon turns into an all - out back - scratching party as others arrive to join in on the action.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

By taking legal action against the party at fault, victims of truck accidents may be entitled to compensation for their medical bills, lost wages, and other damages resulting from the incident.

If you think that you may have a claim against a party other than one listed above, contact our law office and we can help you to determine the best course of action moving forward.

In case any such action is brought against an Indemnified Party, and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party will be entitled to participate in, and, to the extent that it may wish, jointly with any other Indemnifying Party similarly notified, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to the Indemnified Party, and after notice from the Indemnifying Party to the Indemnified Party of its election to so assume the defense thereof, the Indemnifying Party will not be liable to the Indemnified Party under this Section 9 for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than reasonable costs of investigation.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Where a litigant thereby understands the applicable Rules of Professional Conduct, and is instructed to recognize and document instances of unprofessional or vexatious conduct by opposing counsel, there should be clear cost consequences in court against the party shown to be engaging in such conduct, in addition to any reprimands or other disciplinary actions that might be instituted by the governing professional body.

Google, who is not a party to the action against the defendant, argued that the Court could only prohibit Google from listing the defendant's websites on «google.ca», but not on any other international sites run by Google.

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

That defendant then had a right of action to pursue action against the other responsible parties to pay their fair share.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from EsqSocial with respect to such actions or omissions.

The other would prevent claimants from targeting consumers or small - business users while preserving the right to take action against infringing product manufacturers or vendors.One of the most contentious reform issues relates to fee shifting, which may require the losing party in a patent infringement suit to pay the winning party's costs.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH»S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND / OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third - parties, you agree to irrevocably surrender all rights to compel me to arbitration or to waive my rights to proceed against you as a member of a class action.

His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery action by a lender on a shared appreciation mortgage equity release — the only such case to go to trial).

The 5 - 3 ruling — with Justice Stephen Breyer recused — said that the private right of action by investors against companies allowed by Section 10 (b) of the Securities Exchange Act of 1934 does not extend to third - party vendors and others if investors did not rely on their statements or representations.

Almost always, the risk of paying the other party's costs is also assuaged, not by statute (because the Class Proceedings Act creates a presumption of costs against the unsuccessful party), but by the evolution of class action practice.

SimplyInsured may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law, comply with legal process served on SimplyInsured, or take precautions against liability; (2) protect SimplyInsured and others from fraudulent, abusive, predatory, or unlawful uses or activity; (3) investigate and defend SimplyInsured against any third party claims or allegations; (4) protect and defend the rights or property of SimplyInsured; or (5) act in urgent circumstances to protect the personal safety of users of SimplyInsured, the Service, or the public.

By submitting an entry, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as - is or as - edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor's use of your entry, or require any further permission for the Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

If the other party's underinsured motorist coverage comes into play, you may find that their insurance company will take legal action against you to recoup the amount that they paid to their client.

Negligent hiring refers to a cause of action that arises from an employer's obligation to not hire an applicant that they knew or should have known was likely to undertake conduct against other individuals or otherwise subject employees or third parties to actions which can create legal liability.