Sentences with phrase «arises on the breach»

Not exact matches

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.

You shall further fully indemnify and keep Car Throttle fully indemnified against any costs, claim, demand, action, damages, loss and / or expense (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties, legal costs and any other reasonable costs and expenses suffered or incurred by Car Throttle) arising directly or indirectly from any breach or non-performance by you of this Agreement and you shall pay all such costs, claim, demand, action, damages, loss and / or expense forthwith on demand by Car Throttle.

You hereby indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.

To the fullest extent permitted by applicable law, you agree to indemnify and hold Real Plans harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Real Plans Service; and (4) your violation of any law or the rights of a third party.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

In the unlikely event you've heard of this movie, it may be on account of the publicity that arose in early 2009 when actor James Caan filed a colorfully - worded $ 5 million breach of contract lawsuit against the production after his lead role was turned over to Dreyfuss.

You agree to indemnify and hold the Slow Travel Classifieds, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Slow Travel Classifieds or any Internet site linked to or from the Slow Travel Classifieds, or in connection with the transmission of any Content on the Slow Travel Classifieds.

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

TO THE EXTENT PERMITTED BY LAW, EMIRATES EXCLUDES ALL LIABILITY TO ANY MEMBER OR OTHER ENTITY OR PERSON OF WHATSOEVER NATURE IN RESPECT OF ANY NEGLIGENCE, WILFUL MISCONDUCT, POOR SERVICE OR OTHER BREACH OF OBLIGATION OUT OF THE PROVISION OR FAILURE TO PROVIDE THE SERVICES BY OR ON BEHALF OF A SUPPLIER OR PARTNER ARISING OUT OF THAT LEGAL RELATIONSHIP WITH THE SUPPLIER OR PARTNER.

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any Content you upload, post or email or submit on or through our Site, or arising from any breach by you of these Terms and Conditions.

Dar Al Arkan v Al Refai (with David Foxton QC and Stephen Houseman QC): claims for conspiracy and breach of confidence seeking damages of up to US$ 1 billion arising from the publication on a website of serious allegations of banking and accountancy fraud.

Breach of rights This duly arose in R (on the application of G) v Nottinghamshire Healthcare NHS Trust and others [2008] EWHC 1096 (Admin), [2008] All ER (D) 267 (May).

A U.S. court would allow a lawsuit to go forward in its courts if one of two main exceptions apply (there are other exceptions which are controversial and much less common and inapplicable on the facts of this question): (1) there is a breach of contract duly authorized by the national government, or (2) the liability arises from the non-governmental «commercial activities» of a governmental entity owned by the national government but not truly a part of it.

Obtained recovery of over $ 1,000,000 on behalf of an ice cream manufacturer in a breach of contract action arising from a dispute involving a distribution agreement.

Served as trial or arbitration counsel in a variety of commercial matters, including a cases involving the voiding of a million - dollar note, a breach of contract case relating to a multi-million dollar insurance coverage dispute arising from a catastrophic loss, and a shareholder dispute centering on the interpretation of ten complex operating, management, business, and employment / non-compete agreements.

Breach of warranty claims arising out of share sale agreements: Wedge v ADP Dental Limited, which raised questions of the impact of illegality on warranties and disclosure statements.

Successfully brought a breach of contract case on behalf of a Swedish air carrier arising out of defective modifications to three Boeing 737 - 300 aircraft.

The case in question, Ivey v Genting [2017] UKSC 67, decided on 25th October 2017, did not concern dishonesty in the contexts where it might normally arise, e.g. the criminal law, dishonest assistance in breach of trust or a fraud claim, but in the context of a conceded contractual implied term in a gaming contract that the gambler would not «cheat» at the card game of Punto Banco.

If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).

Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.

Maryann focuses her practice on the oil and gas industries, litigating various issues arising from breach of contract disputes and defending against personal injury claims.

For instance, if some or all of the selling management of a target is staying on with the company post-sale, and a breach of warranty claim arises after completion, the attempted resolution of that claim could lead to conflict.

They said that the loss on the new fixture fell within the first rule in Hadley v Baxendale (1854) 9 Exch 341 as arising «naturally, ie according to the usual course of things, from such breach of contract itself».

Paul Glass Qualified: 2002 Made partner: 2015 Key cases: Advising a global multibillion - dollar company in relation to data breaches and theft of customer data by third parties; advising a global multibillion - dollar technology and IT company on disputes arising out of IT projects.

May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?

ICBC filed its Response alleging the drunk driving breach and seeking reimbursement for the settlement sums paid on account of the various property damage and personal injury claims arising from the accident.

As with any personal injury claim, it is necessary to demonstrate that a reasonable employer would foresee that a significant and specific type of personal injury would arise from any negligence or breach of duty on their part.

Advising on a dispute arising out of alleged breaches of franchise agreements for the placement of students from around the world in U.S. colleges through sports scholarships.

Rather, if the judgment reflects the current state of the law on s 14A, then the state of the law would appear to: (a) conflate the occurrence of damage with the occurrence of a right to bring an action for damages; (b) conflate mere knowledge of damage with knowledge of necessary, relevant facts about that damage; and (c) render of no effect the essential element of s 14A (7) that the hypothetical action to be instituted by the reasonable claimant is an action for damages, and not some other remedy arising from the breach.

He focuses on consumer class actions and data breach and privacy litigation, including actions arising from data breaches,...

He focuses on consumer class actions and data breach and privacy litigation, including actions arising from data breaches, employee background screening, and consumer credit / identity theft such as the Telephone Consumer Protection Act, the Fair Credit Reporting Act and its Fair and Accurate Credit Transactions Act amendment, and the Equal Credit Opportunity Act.

Ms. Tomasco provided an overview of recent cases concerning benefits coverage discrimination claims and mental health parity, as well as an update on litigation under the False Claims Act and lawsuits arising from recent data breaches in the health care industry.

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

Unfortunately, when more than one state or country is involved in a transaction, issues concerning jurisdiction arise when claims are made based on a breach of contract or fraud.

The PSLREB viewed the standby duty directive as a breach that carried on throughout the entire working year, when the lawyers were actually only on standby duty for a maximum of three weeks per year, and the few emergencies that arose during those limited periods typically occurred on weeknights.

Superyacht — brokerage dispute: instructed on behalf of a purchaser of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of the Respondent's obligation of confidentiality arising under that agreement.

We also advise on the legal issues that frequently arise from breaches such as data protection, employment law, intellectual property / confidential information, regulatory, insurance, health & safety and product liability.

Akai Holdings Limited & Others v Ho Wing On & Others (Hong Kong High Court, Commercial List): claim for an amount exceeding US$ 500 million for alleged breach of fiduciary duty arising from one of Hong Kong's largest ever corporate collapses.

It would indeed be strange that such a duty would arise where an employer has breached his contractual obligation to his employee, having in mind that no duty to seek other employment lies on an employee who receives proper notice.

Represented the interested party in this judicial review alleging a failure to consult and a breach of Regulation 1370/2007 on public passenger transport by rail and road, arising from the award of a railway franchise.

Successfully prosecuted claim on behalf of distribution company in a case involving fraud and breach of contract claims arising from previous business acquisitions.

Mr. Girard currently serves on the leadership team in the Target and Sony data breach actions; serves as lead counsel in derivative litigation on behalf of Wal - Mart shareholders arising out of alleged bribery in Mexico, lead counsel for commodities investors in litigation arising out of the collapse of a commodities futures merchant, and lead counsel in a multi-district «pay for delay» antitrust proceeding against major pharmaceutical companies.

He has particular experience in breach of confidence and privacy claims involving the common law tort of misuse of private information and / or the European Convention on Human Rights, both as standalone claims and where an information law issue arises as part of a wider dispute.

On the officers» case, the breach of duty arises from the fact that the Commissioner found herself in a position where she had to settle the claim and on the terms she did because of a series of allegedly negligent failings in the conduct of the defence (paras [38]- [39]-RRBOn the officers» case, the breach of duty arises from the fact that the Commissioner found herself in a position where she had to settle the claim and on the terms she did because of a series of allegedly negligent failings in the conduct of the defence (paras [38]- [39]-RRBon the terms she did because of a series of allegedly negligent failings in the conduct of the defence (paras [38]- [39]-RRB-.

[247] Some labour arbitrators in Ontario have considered a breach of a collective agreement as a factor in assessing undue hardship: see, for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the arbitrator in this case relied on Renaud, supra note 208, a case that arose under British Columbia's Human Rights Act, S.B.C. 1984, which did not enumerate specific factors for assessing undue hardship, as the Ontario Human Rights Code does).

Examples of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner of Police for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose of slavery and that officers of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers of that force into alleged criminal conduct on the part of the claimants during the course of an investigation into a notorious murder in South Wales.

However, for certain crimes (including insider trading and market manipulation), quasi-criminal sanctions — that, for breaches of securities law, include monetary sanctions and confiscation of the profits arising from the breach — may be imposed on legal entities under Legislative Decree No. 231/2001.

Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.

Prior to joining Woodsford, Helena spent time at London law firm Harcus Sinclair LLP, where she worked on a large shareholder claim arising from the acquisition of a commercial bank, as well as trust disputes and claims in respect of misrepresentation and breach of contract.