Ade Coker admitted that apathy had played major part in the defeat of the NDC which he said was largely caused by inability of the National Executives to properly deal with some issues
arising out of the party's primaries.
[115] While this confirms that one core application of the doctrine will be to circumstances in which a common interest
arises out of parties» shared concerns regarding prospective litigation (discussed further below), it is now clear that the doctrine is not limited to this context.
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
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Party or third
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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
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
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 indemnify, defend and hold harmless to Leith Wheeler and all its directors, officers, employees harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by Leith Wheeler and related
parties in connection with any claim
arising out of your use
of the website.
You agree to indemnify and hold Help Scout, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys» fees, made by any third
party due to or
arising out of your use
of the Help Scout Service, use
of your account by any third
party, your violation
of these Terms
of Service, or any infringement by you or any third
party using your account.
Neither Saxo Bank nor any
of its third -
party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages
arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss
of profits, use, data or other intangible damages, even if such
party has been advised
of the possibility
of such damages.
We shall not be liable or responsible for any damages, or claims, or losses, or injuries, or delays, or accidents, or costs, or business interruption costs, or any other expenses (including, without limitation, attorneys» fees or the costs
of any claim or suit), or for any incidental, or direct, or indirect, or general, or special, or punitive, or exemplary, or consequential damages, or loss
of goodwill or business profits, or loss
of digital currency or digital assets, or work stoppage, or data loss, or computer failure or malfunction, or any other commercial or other losses directly or indirectly
arising out of or related to our Terms; the Privacy and Transparency Statement; any service
of tgtcoins.com; the use
of tgtcoins.com; the use
of tgt tokens; any use
of your digital assets or digital currency on tgtcoins.com by any other
party not authorized by you (all
of the foregoing items shall be referred to herein as «Losses»).
You agree to defend, indemnify and hold harmless RMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs)
arising out of your use
of this Site; your failure to use the Site; your breach or alleged breach
of this Agreement or your breach or alleged breach
of the copyright, trademark, proprietary or other rights
of third
parties.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third
party due to or
arising out of your use
of the Sites, the Applications, Content or Materials in violation
of this Agreement and / or
arising from a breach
of this Agreement and / or any breach
of your representations and warranties set forth above.
You agree to indemnify, defend and hold Atlantic Coca - Cola Bottling Company harmless from and against any and all third
party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs)
arising out of, based on or in connection with your access and / or use
of this web site.
Neither Foodservice Equipment & Supplies, any
of its agents, nor any other
party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages
arising out of Your access to, or use
of, this Site or any material from this Site.
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.
Access to and use
of the content is at your own risk, and neither UFood Grill nor any
party involved in creating or delivering this site shall be liable to you for any damage
of any kind
arising out of your access, use or inability to access or use this site, or for any omissions or errors in its content.
Indemnification You agree to indemnify, defend and hold harmless Wyoming Whiskey, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorneys» fees) relating to or
arising out of your use
of or inability to use the Site or services, any user postings made by you, your violation
of any terms
of this Agreement or your violation
of any rights
of a third
party, or your violation
of any applicable laws, rules or regulations.
IN NO EVENT SHALL USTA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD
PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.
You agree to indemnify, defend and hold the USTA Family
of Companies, the USTA» Family
of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third -
party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs
of collection, reasonable attorney's fees and other reasonable costs
of defense or enforcing your obligations hereunder) resulting from or
arising out of any breach
of any
of your representations or misuse
of this or any other USTA Family
of Companies site or
of any site linking to this or any other USTA Family
of Companies site.
By registering, you acknowledge and agree that USTA does not and can not control the actions
of any Permitted Third
Party, and you further agree to release and hold harmless USTA from any and all liability, injury, loss or damage
of any kind that may
arise from or
out of your interaction with such Permitted Third
Party.
I fully indemnify, defend and hold harmless Car Throttle (and any third
parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense
arising from actions brought by any third
parties arising from any breach
of any
of the representations, warranties or agreements made by you; (b) any claims
of or respecting slander, libel, defamation, invasion
of privacy or right
of publicity, false light, infringement
of copyright or trademark, or violations
of any other rights
arising out of or relating to any use
of the Content as authorised herein.
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.
This Agreement shall be governed by and construed in accordance with English law and the
parties hereby agree that the courts
of England and Wales shall have exclusive jurisdiction to settle any dispute or claim
arising out of or in connection with this Agreement.
But it added: «The dispute
arose out of genuine differences
of interpretation
of the rules between the
parties.»
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities
of any nature («Claim»)
arising out of or in the relation to (i) your violation
of any law or the rights
of a third
party (ii) any breach
of this Terms
of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use
of the Services.
Liability You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third
party due to, or
arising out of:
As a condition
of participating in this Giveaway, participant agrees that any and all disputes which can not be resolved between the
parties, and causes
of action
arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form
of class action, exclusively before a court located in NJ having jurisdiction.
Member agrees to indemnify and hold Selective Mutism Association, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys» fees and costs, made by any third
party due to or
arising out of Member's use
of the Service, the violation
of this Agreement, or infringement by Member, or other user
of the Service using Member's computer,
of any intellectual property or any other right
of any person or entity.
Knickernappies or any other
parties involved in creating, producing, manufacturing or services provided on this site shall not be liable for any direct or indirect, consequential, incidental, punitive, special or otherwise damages
arising out of access or use
of this site and its products.
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.
While I understand the instinct to regard the strength
of two
party politics
of 1950 - 51, or the broader 1945 - 70 period, as the natural order
of things, there is as much or more reason to think that the type
of more pluralist
party system which has
arisen since 1974 (despite the systemic barriers to it) is here to say and the idea that any 3 +
party system is always a death match to find
out which the two «real»
parties will be is somewhat ahistoric and unlikely.
Following the inability
of the Huudu Yahaya - led conflict resolution committee
of the National Democratic Congress to effectively deal with grievances
arising out of last year's parliamentary primaries, the governing
party risk losing some parliamentary seats it won or lost to independent candidates in the 2012 elections, investigations by The aL - hAJJ have uncovered.
Labour backs the latter proposal, arguing that concerns about the use
of loans to fund political
parties arose out of an «arms race» in campaign spending between the main players.
(a) If Goods or Services are primarily being provided in the United States or any other location outside
of Canada, any legal suit, action or proceeding
arising out of or relating to this Agreement shall be instituted in the federal courts
of the United States
of America or the courts
of the State
of New York in each case located within Erie County, New York, U.S.A. and each
Party irrevocably submits to the exclusive jurisdiction
of such courts in any such suit, action or proceeding.
By your use
of this website, you acknowledge that workouts.thebettyrocker.com and The Betty Rocker, Inc., its employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other
parties involved in the creation, production or delivery
of the site will not be held liable for any damages suffered or incurred by you or any third person
arising out of: (a) any fault, interruptions or delays in the provision
of this website; or (b) any inaccuracies, errors or omission on this website or any product or services referenced on the site, however such faults, interruptions, delays, inaccuracies, errors or omissions
arise.
By your use
of this website, you acknowledge that thebettyrocker.com and The Betty Rocker, Inc., its employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other
parties involved in the creation, production or delivery
of the site will not be held liable for any damages suffered or incurred by you or any third person
arising out of: (a) any fault, interruptions or delays in the provision
of this website; or (b) any inaccuracies, errors or omission on this website or any product or services referenced on the site, however such faults, interruptions, delays, inaccuracies, errors or omissions
arise.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys» fees, due to or
arising out of your breach
of this Agreement or the documents it incorporates by reference, or your violation
of any law or the rights
of a third
party.
PCOS Challenge, Inc. makes no warranty as to the accuracy
of any information on third
party websites and accepts no liability for any claims, errors, and omissions or for any damage or injury to persons or property
arising out of the use or operation
of any products, materials, instructions, methods or ideas provided by third
parties.
You agree to indemnify and hold harmless the Weston A. Price Foundation
parties from and against any claim, loss, demand, or direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorneys» fees, made by any third
party due to or
arising out of your use
of this website, your connection to this website, your violation
of these Terms and Conditions, or your violation
of any rights
of another
party.
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.
Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each
of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released
Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages
of any kind to persons and property, including but not limited to invasion
of privacy (under appropriation, intrusion, public disclosure
of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation
of right
of publicity, infringement
of trademark, copyright or other intellectual property rights, property damage, or death or personal injury
arising out of or relating to a participant's entry, creation
of an entry or submission
of an entry, participation in this giveaway, acceptance or use or misuse
of prize.
You agree to indemnify and hold Tommy Bahama (and its officers, directors, agents, subsidiaries, joint ventures, employees and third -
party service providers), harmless from all claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown including reasonable attorneys» fees,
arising out of a breach
of your representations and warranties set forth above, your use
of this Website, or your violation
of any law or the rights
of a third
party.
You agree to defend, indemnify and hold Company harmless from and against all third
party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company
arising out of any User Generated Content you post or allow to be posted to the Site.
You agree to defend, indemnify and hold Company harmless from and against all third
party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company
arising out of your breach
of these Terms
of Use or violation
of applicable law, your use or access
of the Site, or access by anyone accessing the Site using your user ID and password.
26.1 Regardless
of any statute
of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute
arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the
parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.
23.1 You agree to, and you hereby, defend, indemnify, and hold the Related
Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys» fees) that directly or indirectly
arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related
Party, or on account
of the investigation, defense, or settlement thereof,
arising out of or in connection with, whether occurring heretofore or hereafter:
You agree to indemnify, defend and hold harmless Slickster Magazine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys» fees, made by any third -
party due to or
arising out of your breach
of these Terms
of Service or the documents they incorporate by reference, or your violation
of any law or the rights
of a third -
party.
You agree to indemnify and hold DatingAA.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third
party due to or
arising out of your use
of the Service in violation
of this Agreement and / or
arising from a breach
of this Agreement and / or any breach
of your representations and warranties set forth above.
You agree to indemnify and hold Russiandatingnet.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third
party due to or
arising out of your use
of the Service in violation
of this Agreement and / or
arising from a breach
of this Agreement and / or any breach
of your representations and warranties set forth above.
This agreement shall be governed by and construed in accordance with the material laws
of Switzerland.All disputes controversies or differences
arising out of or relating to this agreement, or breaches thereof, which can not be settled by the
parties, shall be resolved, to the exclusion
of the ordinary courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules
of the Swiss Chamber
of Commerce.
The
parties agree that any and all controversies, disputes or claims
arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination
of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation
of an award under applicable arbitration statutes).
INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless «Passions Network», its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorneys» fees) relating to or
arising out of your use
of the «Passions Network» service, including any breach by you
of the terms
of this Agreement.