Sentences with phrase «arose under the terms of the contract»

This clause stated that either party could seek to compel arbitration of any dispute that arose under the terms of the contract.

Not exact matches

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.

--(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.

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.

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

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.

The case also acts as a reminder to tenants who may find it financially beneficial to be aware of the terms of their lease, as even if the payments are due under the contract, if the correct procedure for demand is not followed, no duty to pay service charges may arise.

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.

BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may apply.

You acknowledge and agree that the provision of counselling services to Clients under these Terms constitutes a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of any income tax, Value Added Tax, Insurance and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the provision of your counselling services, where the recovery is not prohibited by law.

Civil claims (those arising from fraud or negligence) are based upon Florida common law and Florida statute; however, whether or not the controversy will be litigated in a courtroom or instead forced into arbitration proceedings under the terms of a contract will depend on the disputed issue.