Sentences with phrase «as the result of the breach of»

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice.

Any loss, claim or injury based on errors or inaccuracies appearing on the Elegant Book Design website or within the author's written documents, including without limitation as a result of any breach of the terms of this agreement.

4.2.2 indemnify WRAP against all legal fees, damages and other expenses that may be incurred by WRAP as a result of your breach of the above warranty; and

A small business that has suffered loss as a result of a breach of competition law rules, but which can not afford the costs of litigation in the High Court, and the possibility of an adverse costs ruling against them if they lose, can shift that risk to the third - party litigation funder.

As a result of the breaches of privacy, the Plaintiffs commenced a class action against the employees of the Hospital (who allegedly accessed the records), as well as against the Hospital itself for failing to supervise those employees.

You must show that as a result of the breach of duty, that you sustained injuries.

It must then be shown that the driver breached this duty, whether by disregarding traffic laws, driving recklessly, or driving while distracted, and, finally, that you sustained serious injury as a result of that breach of duty.

The Sheriff ruled that Ms Mackie must pay Vehicle Control Services Limited the sum of # 24,500 as a result of her breach of contract.

To show that a defendant was negligent, a motorcyclist must prove: (1) he was owed a duty by the defendant (usually a duty to exercise reasonable care), (2) the defendant breached that duty, (3) proximate cause, and (4) damages suffered as a result of the breach of duty.

Courts require that the former employer prove four elements for a tortious interference claim: (1) existence of a business relationship; (2) knowledge of the relationship on the part of the defendant; (3) an intentional and unjustified interference with the relationship with the defendant; and (4) damages to the plaintiff as a result of breach of the relationship.

The plaintiff claimed that it had suffered prejudice as a result of a breach of natural justice because it was not given a copy of the notes of evidence of the substantive hearing.

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».

Wedlake Bell LLP, on behalf of Orientfield Holdings Limited, took on a claim in 2012 against Bird & Bird LLP for damages as a result of breach of contract and negligence.

The individuals involved also have the right to apply to court for compensation if they have suffered damage or distress as a result of a breach of the DPA.

Where the Customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that the Provider may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Customer shall be responsible for any costs, losses or expenses the Provider incurs or suffers as a result of breach of such warranty.

If a sum is payable otherwise than as a result of a breach of contract, the rules on penalties do not apply (see Export Credits Guarantee Dept v Universal Oil Products Co [1983] 2 All ER 205, [1983] 1 WLR 399).

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

- Private parties must be able to claim damages for losses suffered as a result of breach of the EU competition rules (see Courage Ltd v Crehan: C - 453 / 99 [2001] ECR I - 6297, [2001] All ER (EC) 886), and this must include a right to claim both for actual loss and loss of profit (see Manfredi v Lloyd Adriatico Assicurazioni SpA, Cannito v Fondiaria Sai SpA, Tricarico and Murgolo v Assitalia SpA: C - 296 / 04 [2007] All ER (EC) 27).

In the event that any information under our control is compromised as a result of a breach of security, the Innocence Project will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

However, given the difficulty in assessing damages as a result of breach of contract, Century 21 was granted a permanent injunction against Zoocasa.com.

Not exact matches

As a result, companies will see a huge upswing in the number of data breaches.

«It's as a result of doing that we've made arrests of two of our offenders for breaching those restriction orders earlier on this year.

The government - mandated requirement was expedited as a result of large - scale data breaches and an influx of counterfeit cards in the U.S.

So far, Target has racked up more than $ 60 million in charges as a result of the breach, which was one of the largest for a retailer in history.

As a result of weaker sales in the wake of the data breach, the third largest U.S. retailer also cut its fourth - quarter adjusted earnings per share (EPS) forecast for its U.S. operations to $ 1.20 to $ 1.30, from $ 1.50 to $ 1.60.

«Li's breaches were not the result of incompetence or negligence only, as there was a clear conflict of interest situation,» SFC said in a statement.

Avoiding security related headlines is the goal of every organization, as the results of a breach or hack can be devastating from both a financial and reputation perspective.

And as a result of these security breaches, it's clear that businesses and other organisations are regularly losing large amounts of confidential data to increasingly well - organised cybercriminals.

The change in number was reported by the Office of Personnel Management (OPM) as a result of an analysis of the data breach.

The Report, which follows 9 months of investigation, finds that the banks do not prioritize financial consumer protection, fairness and product suitability and as a result there is an increased risk of mis - selling to consumers and of bank employees breaching market conduct obligations.

the history of this epic Facebook privacy fail is even longer than the under - disclosed events of 2015 suggest — i.e. when Facebook claims it found out about the breach as a result of investigations by journalists.

Under Delaware law, a director or officer who breaches his duty of loyalty should be required to compensate the company for any damages that the company sustained as a result

In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.

At a conference earlier this week, Verizon CEO Lowell McAdam denied rumors that Verizon could demand a significantly lower price tag for buying Yahoo as a result of the breach.

After numerous setbacks, including two massive security breaches and dwindling ad revenue, Mayer is set to make about $ 186 million as a result of the company's sale to Verizon,...

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Potts said in the legislature on April 12 that the bill «was something that came about as a result of conversations I'd had with many people... on the aspect of the bill relating to credit reporting scores, and particularly in relation to when we saw a breach of data from a credit reporting agency.»

On Thursday, March 1, Equifax announced an additional 2.4 million U.S. customers had their personal information compromised as a result of a 2017 Equifax data breach.

Chew, a co-defendant in the church's case, noted that his decision came after months of deliberation and only as a result of the breach between teaching and practice he saw at the church.

«As a result, approval for Moon Lake's foreign investment application is the first to be subject to new conditions requiring it to comply with Australian taxation law...» Mr Morrison said, «A breach of these conditions could result in prosecution, fines and potentially divestment of the asset.»

An inconsequential error was made by the adjudicator in relation to one of three areas he found this criterion to be in breach of the Admissions Code and as a result the decision in its entirety is being quashed and the determination process re-done.

- You must ensure that your use of the Site and of any Material is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or which is in breach of these terms.

What damages may a party seek for breach of contract: the loss suffered as a result of reliance on the other or the loss of the benefits that the contract promised?

«In the light of the foregoing, our client has instructed us to serve you notice of its intention to institute legal proceeding against the State as a result of the wrongful interference by State officials with our client's right to» prospect on its concession and also a breach of its right to administrative justice, the latter cause of action resulting from the seizure and - detention of trucks without, due process as well as recover all sums of money our client must pay to Engineers an Planners by reason of the actions of die State officials responsible for the seizure and detention of the trucks.»

This resulted in three complaints [3] to the Metropolitan Police by Scottish National Party MP Angus MacNeil, Plaid Cymru parliamentary leader Elfyn Llwyd, and a third individual who continues to remain unidentified, as a breach of the law against selling honours.

He described the mayhem as just an ugly development, a breach of public peace, masterminded by hoodlums and criminals which resulted into loss of lives and property.

A joint probe by Schneiderman and Connecticut AG George Jepsen into whether their states incurred losses as a result of interest - rate manipulation by banks in the LIBOR scandal could lead to civil enforcement action, including possible breaches of antitrust and fraud laws.

As a result of these factors Sir John Lyon wrote: «I am satisfied that Mr Brown's subletting of the constituency office was an inadvertent breach of the rules.