The judge made it clear that, while the question of when actual damage is suffered is fact specific to each case, where a solicitor owes a duty to bring about a transaction with particular characteristics, if upon completion the transaction is fl awed because those characteristics are absent, the client suffers
actual damage on the date of the transaction.
Every game after the original eliminated the need to inflict
actual damage on yourself, allowing you to just play through the levels without any hope of actually winning should the computer randomly decide it's time to beat you.
Not exact matches
Cyber security experts disagreed about the extent of the fallout from the data dump, but said a lot would depend
on whether WikiLeaks followed through
on a threat to publish the
actual hacking tools that could do
damage.
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.
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».
The Bennett Dam built by BC
on the Peace River has done huge
actual damage to one of the largest fresh water deltas in the world (The Peace — Athabasca Delta, UNESCO World Heritage Site).
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.
And one of the rare progressive tax proposals to outline an
actual tax structure in Illinois would hike income taxes
on residents earning as little as $ 17,300, inflicting serious
damage on an already - weak state economy.
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.
The arbitrator will not have the power to award
damages in excess of the limitation
on actual compensatory, direct
damages set forth in the Terms and may not multiply
actual damages or award punitive
damages or any other
damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such
damages.
I'm sorry but I'll take their expert opinion any day which is based
on actual knowledge rather than an opinion piece by someone who went to University and now thinks they can debunk the
damages of CIO by using only 9 journals.
Experiments
on both larval zebrafish, a model for salmon, and
actual coho salmon showed that toxic runoff can also
damage hair - like sensors the fish use to find food, sense predators, and find their way in the current.
I truly believe that the guilt and shame feelings we place
on ourselves when we eat foods that aren't
on our plan or when we've eaten too much, are even more harmful in and
damaging to our bodies than the
actual food itself.
That's because the potential caloric
damage you do when you have your buzz
on dwarfs the calories that are in the
actual drink.
Trauma = Microtrauma, focusing primarily
on type II fibers here - how much
actual structural
damage this workout is doing to your contractile tissue.
As Dr. Robert O Becker demonstrated (see the previous page
on Dr. Becker's work), too much current delivered into the body can produce the illusion of accelerated healing while causing
actual cell
damage.
Damage can also occur as a result of
actual foot traffic
on the roof caused by non-specialists gaining access.
While the publishers have settled their suits prior to the DoJ case against Apple for a total of $ 166 million, Judge Denise Cote, who presided over the DoJ lawsuit, still has to rule
on the
actual damages Apple will pay.
The retraction of such a commitment means consumers relied
on Sony to their detriment, and may have standing to claim
actual damages for not receiving the upgrade, and thus being stuck with a phone
on Gingerbread / Android 2.3 through 2014, when they could upgrade or terminate their contracts.
Older policies, and some policies today, are at
actual cash value, but you don't want to replace your
damaged property based
on the depreciated value — you want new property because you bought it new.
Insurance.com noted if a car has been totaled and the amount due
on the loan is greater than the car's value, the insurance company will pay out the car's
actual cash value (defined as the market value prior to
damage from the accident).
It depends
on the
damage and the
actual cause of loss.
You can not choose how much to buy as the most that an insurance company will pay out is the
actual value of your car (what it was worth
on the open market before
damage occurred) minus the deductible amount.
On the other hand, if you have an auto policy with bodily injury liability of $ 100,000 per person, $ 300,000 per accident, and $ 100,000 of property damage along with full coverage (let's say the actual cash value of your car is $ 20,500), the company's maximum exposure on that policy would be $ 300,000 + $ 100,000 + $ 20,000 (ACV of your car, minus $ 500 deductible), or $ 420,00
On the other hand, if you have an auto policy with bodily injury liability of $ 100,000 per person, $ 300,000 per accident, and $ 100,000 of property
damage along with full coverage (let's say the
actual cash value of your car is $ 20,500), the company's maximum exposure
on that policy would be $ 300,000 + $ 100,000 + $ 20,000 (ACV of your car, minus $ 500 deductible), or $ 420,00
on that policy would be $ 300,000 + $ 100,000 + $ 20,000 (ACV of your car, minus $ 500 deductible), or $ 420,000.
If your checked or carry -
on luggage is lost or
damaged, you will be reimbursed for the
actual cost of repairing or replacing it.
Replacement cost means you can buy new items to replace the
damaged ones rather than relying
on the
actual cash value of the property.
Auto rental insurance
on a 24 - hour basis for collision or theft
damage automatically covers up to the
actual cash value of most rental vehicles
On the other hand,
actual replacement value will pay enough to replace or repair for
damages up to your policy limit.
If you pay the entire cost of the common carrier ticket (s) with your covered card and / or accumulated points from your covered card, you may be eligible to receive reimbursement for the
actual cost of repairing or replacing your checked or carry -
on baggage and personal property contained therein that is lost or
damaged.
An
actual cash value policy,
on the other hand, takes depreciation of the property into account, so your payout will be lower for the same
damages.
Especially if you are planning
on moving in the next few years, taking a few minutes to calculate the
actual economics of refinancing your mortgage may very well help you avoid
damaging your net worth by thousands of dollars.
We leave it to others to examine whether the
damage is greater
on the long side or the short side, and whether the
damage is more or less severe based
on the
actual valuation levels of the individual stocks in these portfolios.
Reimburses you for the
actual cost of repairing or replacing your checked or carry -
on luggage if it is lost or
damaged while traveling
on a common carrier when you pay the entire cost of the tickets with your eligible Mastercard.
There's been a worrying trend of trailers that seem to be nothing more than compressed versions of the film intent
on giving away every plot point before the audience can watch the
actual movie,
damaging the anticipation.
We all know these console makers lie about things, but if gamers took a
actual poll
on which company lies have the most
damaging effects as a whole?
The «fall 2010» release window previously bestowed upon Splash
Damage's Brink may have been just turned into an
actual release date; according to a sweepstakes that GameStop is holding (thanks, Jay), the stylized shooter will see release
on September 7, 2010.
It is important to note that the graphics are not gory, and instead focus more
on property
damage than
actual bodily harm.
Grades are assigned for each completed mission based
on number of enemies killed, beacons collected, time elapsed, or
damage taken, but the
actual mechanics are always the same: shoot enemies and fly through the glowing beacons.
Koch Media may also disclose personal data to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or
actual injury or interference with our rights, property, reputation, operations, users or others who may be harmed or may suffer loss or
damage, or when we believe that disclosure is necessary to protect our rights, fraud protection and / or comply with a judicial proceeding, court order, or legal process served
on Koch Media.
[Response: Roger — I would presume that PDI is a statistically far more stable measure than
actual destruction, which varies wildly according to the vagaries of the
actual track, and other circumstances... had someone spent a bit more money
on levees, Katrina's
actual damage would have been far less.
In the fight against climate change, every bit counts, but to make an argument that is based
on a leverage ratio of somewhere between 90 and 500 times the
actual damage caused by a particular project is not the right way to go about it....
The
actual «Wiki» answer is here:» Oranges are sensitive to frost, and a common treatment to prevent frost
damage when sub-freezing temperatures are expected, is to spray the trees with water, since as long as unfrozen water is turning to ice
on the trees» branches, the ice that has formed stays just at the freezing point, giving protection even if air temperatures have dropped far lower.
Once we do have that information, we could for example determine fairly the
actual damages of failing to privatize earlier accruing to those Free Riders whose sales are contingent
on getting free access to a dwindling resource.
It is the attack
on professional reputation, rather than personal, that makes it actionable «per se,» because of the greater likelihood that
damage to a person's professional reputation is likely to have
actual monetary
damages.
Units
on the
damage - cost axis are omitted because the figure is not seeking to convey
actual dollar values (although economists believe that they can compute those values for future anticipated warming).
So the plaintiffs in this case need to either (a) show
actual damages, or (b) convince the court under the applicable standard of proof that they will suffer
damages and they are likely to prevail
on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.
The law undoubtedly is that any unauthorized entry
on the land or premises of another is a trespass; and this is true even though no force be exerted (Kimball v. Custer, 73 Ill. 389); and ignorance or mistake of the trespasser will not exempt him from liability for
actual damages.
At the hearing
on the motion, plaintiff informed the court that he had also incurred several dollars in
actual damages for calls made to his cellphone, with the defense offering to increase the Rule 68 offer accordingly.