Sentences with phrase «actual damages and losses»

We prepare each case as if it is going to trial, and do not accept settlements that don't reflect the actual damages and losses of the individual client.

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.

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.

In particular we will not be liable for any damages that we cause unintentionally and we will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

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.

Our Buildings Insurance policy will cover the actual structure of your home against loss or damage, and not what you have filled it with.

It depends on the damage and the actual cause of loss.

There is no actual loss incurred and no damage to your personal property in the case of recalls.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeLosses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeLosses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeLosses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseelosses (regardless of whether such damages or other losses were reasonably foreseelosses were reasonably foreseeable).

Non-economic damages are not determined by an actual monetary loss and juries often have great discretion in making awards.

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.

[T] hey can change their pattern of energy production and usage in order to limit emissions of greenhouse gases and hence the magnitude of climate changes; they can wait for changes to occur and accept the losses, damage and suffering that arise; they can adapt to actual and expected changes as much as possible; or they can seek as yet unproven «geoengineering» solutions to counteract some of the climate changes that would otherwise occur.

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.

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.

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

Although the Court clarified that damages based on the manner of dismissal are still compensable, in essence, the Court's decision will limit or restrict the punitive or «deterrant» effect of such awards and focus on compensating employees for actual losses suffered.

Whereas compensatory damages refer to actual losses, punitive damages may be awarded above and beyond the actual losses suffered.

The Chinese legal system also provides for damages to be awarded when infringement is found based on the patentee's actual losses, profits of the infringer and royalties.

And since the test for slander in English law is more rigorous than that for libel because actual financial loss must be proved, potential claimants will have a tougher time winning damages.

Only damages to compensate the victim for their actual losses and mental anguish are generally recoverable.

Such damages are intended not to compensate a plaintiff for actual losses sustained as a result of a defendant's actions or actions, but rather to punish a defendant for egregious behavior leading to personal injury and to deter the same and similar defendants from engaging in the same sort of behavior in the future.

In a successful wrongful death action, the estate can recover two types of damages: (i) actual pecuniary loss, and; (ii) pain and suffering of the deceased.

Economic damages will be limited to your actual (and projected) financial losses.

Injuries and property damage may pose costs and losses that you are not prepared to handle by yourself — such stress can worsen the emotional trauma you are likely already experiencing from the actual accident.

It's often in a victim's best interest to explore civil injury case options, since restitution orders often only take into account actual damages and often do not calculate payouts based on intangible losses, such as pain and suffering and mental anguish.

Of course, punitive damages are typically awarded with compensatory damages for the actual losses suffered by the person who died, his or her estate, and his or her loved ones.

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).

While the settlement offer will be nothing CLOSE to what you deserve, their goal is to have you sign away your right to further compensation before you fully grasp the true value of your actual damages and related losses.

To establish a private action claim under section 36 of the Act, a private plaintiff must show that a defendant contravened one of the criminal provisions of the Act (e.g., establish all of the elements of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has suffered actual damage or loss as a result of the conduct.

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:

The insurer hired an independent adjuster to estimate the actual cash value loss and damage, The adjuster used four different methods to estimate the value, and then averaged them to come up with a value of $ 1,146,248.00.»

And, even if you prevail against the government in a lawsuit, it can take advantage of special legal limitations on damages that can prevent you from recovering for the full extent of your actual losses.

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.

(1) a legal duty recognized by law; (2) a breach of that duty; (3) a causal connection between the defendant's conduct and the plaintiff's injury; (4) actual loss or damage, and (5) a «physical manifestation» of the plaintiff's emotional injury.

This debunks the theory that prosecutors / plaintiffs, are entitled to bring an actual case at Law and that they can not, in reality, share in the loss of life, liberty or damage to personal property by, say, a murdered victim and his / her family.

If the applicant claims they have suffered an actual loss or damage, or have incurred expenses, as a result of the alleged contravention or reviewable conduct, the affidavit must also state the nature and amount of the loss, damage or expenses.

- 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).

Plaintiffs can pursue them on an individual basis and where there is damage or loss to consumers, but the problem in Unlu and other cases like it such as Ileman and Clark, says Reinertson, is they are consumer protection cases where there is alleged misrepresentation but the consumers didn't suffer any actual loss as a result.

Effective July 1, 2015 SGI Canada will be providing payment for roof damage on an Actual Cash Value basis on new and renewal accounts on roofs that are 10 years or older if the cause of loss is windstorm or hail.

The insurer reserves its right to repair reinstate or replace the motor vehicle or any part thereof and / or its accessories or may pay in cash the amount of the loss or damage and the liability of the Company shall not exceed the actual value of the parts damaged plus the reasonable cost of fitting and shall in no case exceed the insured's estimate of the value of the motor vehicle.

Wreck removal: pays up to the limit in the policy the reasonable expenses you incur for any attempted or actual raising, removal or destruction of the wreck of your watercraft when damage is caused by an insured loss and removal, or destruction is required by law.

Actual cash value coverage pays what the property was worth at the time damage or loss occurred and is the least expensive type of renter's insurance available.

Replacement cost coverage pays the actual costs to replace damaged or lost items, and ACV pays based on what the item was worth at the time of the loss.

Replacement cost and actual cash value refer to how your homeowners insurance policy reimburses you for property damage after a covered loss.

This problem is particularly compounded by the fact that most attorneys will not consider or take any issue regarding total loss, coverage, property damage, and liability if there is not an actual injury involved.

If the car experiences a total covered loss, we will pay the agreed - upon value, rather than the actual cash value of the car as long as there is no prior damage to the car, parts have not been removed, and the car's condition has not deteriorated because of abuse or neglect.

Dear Suzana, When you have a loss like yours, the adjuster has to first determine whether or not the loss is covered, and second must consider the basis on which to value the damaged property: replacement cost or depreciated value (actual cash value).