Sentences with phrase «arises out of the contract»

The notion that government arises out of a contract for the mutual defense of private property «is the maxim on which pirates and gangs of robbers live in a kind of unity,» he wrote.

There are many questions arising out of this contract, chief among them is, how Detrox Impex, was the company chosen to import the vehicles.

The effect of this ruling is that even where a contract provides for arbitration in London and is subject to English law, if proceedings arising out of that contract are brought in the court of another European member state, the arbitration in England will have to wait until the proceedings in the foreign court have been stayed or jurisdiction has been declined by that court.

MacIsaac & Company, its lawyers, assistants, contractors and employees shall have no liability or responsibility for any damages or losses of any kind whatsoever, whether arising out of contract, tort or otherwise, relating to or arising from the use or interpretation of any material or information provided on this website, or any material or information found in any links to this website.

The Moot involves a dispute arising out of a contract of sale between two countries that are party to the United Nations Convention on Contracts for the International Sale of Goods.

Chris Bushell Qualified: 2004 Made partner: 2014 Key cases: Advising G4S in relation to claims arising out of its contract to provide security services for the London 2012 Olympic and Paralympic Games; advising Lehman Brothers Finance SA (In Liquidation) in relation to a range of proprietary and unsecured claims arising out of the collapse of the Lehman group.

Provided legal advice to a national telematics service provider regarding potential liability exposure arising out of contracts to provide emergency medical services, including emergency medical dispatch and pre-arrival instructions, through satellite and cellular technology installed in automobiles.

Since the uninsured / underinsured claim arises out of contract, a five year statute of limitations applies.

In an effort to reduce inefficiencies created by litigation in civil courts, parties to contracts will often include arbitration provisions, which state that if there is a dispute arising out of the contract the parties agree to submit the dispute to an arbitrator instead of filing a lawsuit in a civil court.

Acted successfully as sole counsel for a Singapore - listed company in defeating a jurisdictional challenge by the Malaysian multinational respondent to a US$ 47.5 m claim arising out of a contract for the fabrication of an oil well and process platform for use in the Indian Ocean.

It decided that this remedial fee - shifting statute should not be broadly interpreted by using «arising out of contract» language in Civil Code section 1717 to guide the construction of section 7168.

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

The claim arises out of the contract for the sale of the defective product that has caused a plaintiff injury.

Represented a major construction company in its claim against Iran in its UNCITRAL Rules arbitration arising out of contracts for the construction of a highway.

It provides that effect may be given to both (i) the mandatory laws of the forum, and (ii) the mandatory laws of the state where the obligations arising out of the contract have to be performed, insofar as those mandatory laws render performance of the contract unlawful (Rome I, article 9).

It is advisable that both parties have the opportunity to consult with their own lawyer to identify any issues arising out of the contract, as well as the consequences and impact of the separation agreement.

Illustrative of his practice, Whit has successfully represented public companies, audit committees, and senior officers of public companies in securities litigation, derivative litigation, internal investigations of alleged corporate wrongdoing, whistleblower matters, and matters before the Securities and Exchange Commission; international arbitration between a foreign prime contractor and its U.S. suppliers; trade secret litigation relating to the processing of big data; and debarment litigation arising out of contracts performed in Afghanistan.

«With regard to the rights (obligations) arising out of the Contract, each of the contracting parties must perform that which that which the contract obliges him to.»

Yes, the theoretical underpinning of the two damages are different — wrongful dismissal damages arise out of contract (an implied term in the employment contract), whereas human rights lost wage damages are compensatory.

To the extent permitted by law, Exide Life disclaims any and all liability and damages (including without limitation, damages for loss of profits, business interruptions, or loss of information), whether arising out of contracts, torts, negligence or in any other manner, for any inaccuracies or errors contained in the website, even if Exide Life has been advised of the possibility of such damage or liability.

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.

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.

Contingencies in Purchase Contracts A contingency is a legal way to back out of a real estate sales contract, should a certain event or condition arise.

TEAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, CTK, OR ARISING OUT OF ANY INTERACTION WITH THE SMART CONTRACT IMPLEMENTED IN RELATION TO CTK.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

IN NO EVENT SHALL Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

In no event shall Non-GMO Project, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Non-GMO Project has been advised of the possibility of such damages.

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.

www.shop.thebettyrocker.com and The Betty Rocker, Inc. assume no responsibility for any losses, damages, whether direct, indirect, special or consequential, which arise out of the use or misuse of this website howsoever caused, whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen.

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.

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.

(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nebraska School Nurses Association AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nebraska School Nurses Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nebraska School Nurses Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nebraska School Nurses Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nebraska School Nurses Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nebraska School Nurses Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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.

Contract evil does not necessarily arise out of bad intent or a genuine attempt to defraud.

Contingencies in Purchase Contracts A contingency is a legal way to back out of a real estate sales contract, should a certain event or condition arise.

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 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.

Losses to a fund arising out of the inability to fulfill a contract to sell such securities also could result in potential liability for a fund.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Healthy Paws AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Healthy Paws WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Healthy Paws WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Healthy Paws WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Healthy Paws WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Healthy Paws OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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.

English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us («claim») except as set out below.

(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.

In no event shall Apeejay Surrendra Park Hotels Ltd be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:

In no event shall Cannon Beach Photo's total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Cannon Beach Photo website and / or image (s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Cannon Beach Photo from you for your use of the applicable Image (s).

In no event shall Best On Travel Network, Inc. and / or its tour operators be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, documents and related graphics, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Best On Travel Network, Inc. and / or any of its tour opertators has been advised of the possibility of damages.