Sentences with phrase «against a contracting party»

Advising Ukranian state interests in international arbitration under ICC Rules (Swiss seat) against contracting parties in respect of energy sale and purchase contracts.

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 toParty 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 toparty 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 toparty 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 toparty's use or misuse of the Sites or Products provided to you.

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.

Such that failure to observe the terms of that contract has always resulted in damages against the offending party.

Sergio Adams, who is running on the Working Families Party line against 7th Ward Councilwoman Cathy Fahey in November, initially criticized the raises, but upon explanation that all employees outside of union members who haven't settled a contract would receive a raise, revised his position.

The biggest argument against such a move is that voters are looking for the minority party to stand against what they believe to be President Obama's wrong - headed agenda rather than offer an entire alternative set of policies and, by unifying behind a «Contract», Republicans will be handing Democrats something to shoot at this fall.

It later emerged that A-Plus» allegation against the two individuals stemmed from his desire to get an extra contract aside a $ 3m BOST deal he was given under the New Patriotic Party (NPP) government.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

-- Any consumer may cancel any contract with any credit repair organization without penalty or obligation by notifying the credit repair organization of the consumer's intention to do so at any time before midnight of the 3rd business day which begins after the date on which the contract or agreement between the consumer and the credit repair organization is executed or would, but for this subsection, become enforceable against the parties.

[1] As both parties risk their counter-party walking away if the price goes against them, the contract may involve both parties lodging a margin of the value of the contract with a mutually trusted third party.

How might a cohabitation contract benefit the non-owner in the event that 1) the relationship ends disagreeably, and 2) the relationship continues but a lawsuit is filed against one or the other by a third party?

The prompts range from the very specific — does Party A have a claim for tortious interference with contract against Party B?

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

Then if the hospital fails to bill and tries to enforce the lien, we will file suit against the hospital as a third party beneficiary of the contract to extinguish the lien.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

The two parties couldn't agree on how to interpret the insurance contract, and Jakubowicz filed a case against State Farm, asking the courts to decide.

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

Coverage by contract whereby one party undertakes to indemnify or guarantee another against loss by a specified contingency or peril

The general principle is that when one party writes a contract, and there is an ambiguity, the ambiguity is interpreted against the interest of the writer (contra proferentem).

They recognised that the tide was turning against immunity and concluded their judgement as follows: «In the light of the developments currently underway in this area of public international law, this is a matter to be kept under review by contracting parties.»

After you enter into an enforceable contract a dispute arises, and the other party to the contract files a lawsuit against you or your company.

Crowden relied on long standing principles of contract law (the Canada Steamship principle) that clauses which exclude liability should be construed narrowly and against the interests of the party seeking to rely on the clause.

If the third party buyer takes for substantially equivalent value and had no notice of the prior purchase deal, the third party buyer would have good title; if third party buyer did not purchase for value or had actual or constructive notice of the prior purchase deal, the third party's title would be voidable in a suit to seek specific enforcement of the purchase and sale contract against the seller.

Our firm successfully guides clients through these complex employment matters, and we also defend clients against claims asserted by third parties (regarding negligent hiring, supervision and retention, etc.) and employees (discrimination, harassment and breach of contract, etc.).

With more than 40 years combined business law experience and more than a billion dollars successfully gained for all our clients, we will litigate against any party in a business or contract dispute.

• Where an unsealed contract is entered into by an agent, the principal can usually enforce the contract, or another party can usually enforce the contract against the principal, even if the agency wasn't disclosed.

The defendant crossappealed against a finding that the court had jurisdiction to grant declarations in a case where the parties before the court were not the parties to the contracts in which the terms appeared.

I have in mind the common law rule that a third party beneficiary can't sue under the contract which gives (or purports to give) it a right against one of the contracting parties.

The judge found that had Mr Harris given appropriate advice to Cs they would have instructed Mr Harris to seek to insert a «call - in» clause in the draft contract, no matter how minimal the risk of a third party application for judicial review would be, as there would have been no reason for Cs not to seek to protect themselves against such risk.

C / HCA, Inc. v. Regence Blue Cross Blue Shield of Utah, No. 2L09 - CV - 1100 TC (D. Utah, Central Division, January 4, 2010)(successfully represented hospitals in obtaining preliminary injunction against health plan from marketing the hospitals as being in - network providers for new tiered network product that was not contemplated by the parties» contract).

On a macro level, though, this decision has far more reaching implications — it ensures uniformity across the judicial landscape and stands a bulwark against interpretist judges attempting to rewrite non-ambiguous collective bargaining agreements, substituting their own judgment for those of the contracting parties, because they may think it is «fair» to employees to do so.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

The Israeli Insurance Contract Law grants a Third Party direct privity against the liability Insurer.

Dana Watts provides vigorous representation for parties who are defending against a breach of contract lawsuit or asserting a claim for damages.

Defended trial court's holding that, in light of the express terms of the parties» contract, the Town of Southington's election to terminate the contract for convenience did not preclude it from recovering liquidated damages against the contractor because that right arose as soon as the substantial completion date passed and continued to accrue until the termination of the contract.

Issues concerned availability of an implied indemnity against voyage orders given by a voyage charterer; the limitation period for claims under an implied indemnity; and the identity of contracting parties where a charter is signed by an agent without qualification, but elsewhere in the form the signatory is described as acting on behalf of a head owner.

-- A court can not alter, change or modify terms of a contract or add new ones that the parties didn't agree to and there is a presumption against provisions that could have easily been

We act for parties involved in all manner of business disputes including breach of contract claims, shareholder and partnership disputes, product liability claims, defamation / protection of reputation, insurance and bond coverage disputes, and negligence claims against professionals including lawyers, auditors, accountants and investment advisors.

Contracts require a meeting of the minds to occur and, when terms of the contract are unclear, they are either held against the drafter of the contract (if one party did most of the writing of the contract) or judged based on concepts of equity, fairness, and what a reasonable person entering into such an agreement would expect.

The German Consumer Dispute Resolution Law (Verbraucherstreitbeilegungsgesetz) provides a complaints procedure for the insured party against insurance companies regarding claims arising from the insurance contract.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

The Legal Geek Awards 2017 were won by contract management platform Juro after a pitching competition against seven other start - ups which was followed by the Law Rocks After Party.

Comment: One comment contended that the proposed regulation's requirement mandating covered entities to name the subjects of protected health information disclosed under a business partner contract as third party intended beneficiaries under the contract would have created an impermissible right of action against the government under the Federal Tort Claims Act («FTCA»).

A more modern problem for the rule against delegation is the contracting out of government functions to third parties.

At present the owner of an intangible can only make a claim against a party with whom there is no contract in special circumstances — such as where a constructive trust arises as a result of dishonest assistance or knowing receipt — and such claims depend on fault.

This wouldn't bar a suit against a third - party contractor who made a defective product, but I suspect that their contracts contain a waiver of liability for negligence or defective products given that this is highly experimental technology.

Generally in the U.S., states have laws that require some contracts to be signed by a party in order to enforce the contract against the party.

Additionally, Beasley Allen has successfully represented businesses against other businesses in cases involving fraud, as well as breach of contract, third - party interference with contract, and disclosure of trade secrets.

Thepolicy guards against loss from specific services that are rendered to a foreign party abroad by an Indian company under a contract for provision of specific services

A total list of balances issued to all Tether can be viewed, verified and checked against the on - chain deployments of Tether contracts by any interested party.