Sentences with phrase «arise under the contracts»

--(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer.

Significant amounts of environmental and latent injury claims may arise under the contracts.

Regulation 5 (1) of UCT 1999 provides that a contractual term which had not been individually negotiated would be regarded as unfair if, contrary to the requirement of good faith, it caused a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer.

Counsel for an international inter-governmental organisation in four consolidated commercial arbitrations concerning disputes arising under contracts for the provision of goods and services to it.

The Regulations provide that a «contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer».

Regulation 5 (1) provides that contractual terms which have not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, they cause a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer.

Not exact matches

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Under no circumstances will Sapphire Ventures or its affiliates be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the website, regardless of whether Sapphire Ventures or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, negligence or otherwise.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Weston A. Price Foundation parties will not be liable under any circumstances for any damages, including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind, whether in an action in contract or negligence, arising or relating in any way to any party's use of or inability to use the content of this website or any third - party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Weston A. Price Foundation parties are advised of the possibility of such damages, losses or expenses.

IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BeautifulPeople's total Liability to the User under or arising in relation to any Contract shall not exceed 5 times the amount paid by the User for the Service (if any) under that Contract or the sum of # 1,000, whichever is the higher.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

In no event shall DC Bilingual Public Charter School, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.

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.

The breach by a credit services organization of a contract under this chapter, or of an obligation arising from a contract under this chapter, is a violation of this chapter.

(5) The breach by a credit services organization of a contract under the Credit Services Organization Act or of any obligation arising from a contract under the act shall be a violation of the act.

A. Any breach by a credit services business of a contract under this chapter, or of any obligation arising under it, shall constitute a violation of this chapter.

In no event will Freddie Mac be liable for any damages arising out of or related to the data, including, but not limited to direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort, or any other theory of liability, even if Freddie Mac is aware of the possibility of such damages.

The breach by a credit repair services organization of a contract under this Part, or of any obligation arising from a contract under this Part, is a violation of this Part.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

The seller's breach of a contract under this title or of any obligation arising therefrom shall constitute a violation of this title.

In no event shall German Shepherd Rescue of Orange County, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Disputes arising out of, or in connection with this contract that can not be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered independently by the Chartered Institute of Arbitrators.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

10.3 The Surf School owner may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of their rights or obligations arising under it, at any time during the term of the Contract.

... The problem raised by attempts to escape the contract tribunal so as to seek enforcement in the courts of rights arising under a collective agreement negotiated within the framework of a collective bargaining regime, solely on the grounds that the agreement does not explicitly address the jurisdictional question, is an equally profound difficulty.

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

He has particular specialist experience in disputes arising under long - term «take or pay» gas supply contracts and in gas price review arbitrations.

Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

The court considered intricate arguments about construction of contract terms, it being contended that «arising under» was narrower in scope than «arising out of».

It is defending Royal Bank of Canada Trust Company (Jersey) in litigation brought by two individuals relating to royalties arising out of a feature film; and is representing Manchester Airport in a claim against Ten Group under a guarantee arising out of the termination of an advertising contract with Airport Advertising UK.

As well as advising in relation to shipbuilding and offshore construction contracts, we also advise on vessel conversion and repair contracts and over recent years we have successfully conducted a number of landmark cases arising under refund guarantees issued in relation to shipbuilding contracts.

the contract under which the debt is alleged to arise contains an arbitration clause that covers any dispute relating to the debt; and

Examples include a contract dispute arising from conflicts between the definition of organic and genetically modified food under European Union and United States law, and a claim for airline passengers with tuberculosis arising under World Health Organization regulations and the Montreal / Warsaw Convention.88 The Pittsburgh problems end with a negotiation rather than with an argument.

Notable examples include acting for accountants in long - running litigation arising out of a failed tax avoidance scheme; acting for the developer and manufacturer of an offshore drilling system following an accident in operation; representing one of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations of bribery and secret profits; appearing in a substantial LCIA arbitration about the theft of oil stocks in East Africa;, successfully representing a broker in litigation against a former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running litigation in the Commercial Court and Court of Appeal about an offshore drilling contract.

Having decided as a matter of contract interpretation that the Luso mortgages are unambiguously excepted from coverage under Schedule B, we need not opine whether the motion judge was correct in concluding that Private Lending is also barred from recovery by an «Exclusions from Coverage» provision, which excludes from coverage loss or damage arising by reason of encumbrances, adverse claims, or other matters «created, suffered, assumed or agreed to by the insured claimant.»

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

Nassar points out that investmentdisputes under the new law «now may be referred to a ministerial committee which has the power to settle any differences that may arise in respect of contracting procedures, rescheduling, re-negotiating the state - investment contracts to maintain equilibrium».

Even if the organisation has no obligation to provide work under the contract, if work is offered regularly and accepted, an employment relationship could arise.

This gives the team multiple perspectives from which to evaluate the success of the relationship and changes in the relationship that may arise from time to time (whether through change orders or otherwise under the contract).

Represented a national developer of human resources management software systems in successfully defending products liability / contract claims arising under software licensing and implementation agreements.

Lord Justice Lloyd Jones stated at § 147 that it was common ground that a procedural duty to investigate arose under Article 5 in cases where there was an arguable claim that a person within the jurisdiction of a Contracting State had been the subject of enforced disappearance.

The Claimants alleged that Chris» clients (their former solicitors) were negligent in not protecting time in respect of various claims arising under four shipbuilding contracts.

Advising the Republic of Albania in international arbitration under the ICC Rules (seat Paris) concerning claims arising from energy concession contracts and infrastructure projects involving hydroelectric development.

Represented the claimant in related disputes arising under EFET electrical energy trading contracts.

This arises from the likes of multinational ventures, such as energy projects, and can be instigated in two ways: investors and host states either consent in contracts to use international arbitration to resolve disputes, or investors make claims under bilateral (or multilateral) investment treaties (BITs).