Sentences with phrase «breach of a covenant against»

Drafted Defence to claim for possession of a business premises on the grounds of breach of a covenant against alienation

Although NatWest came close in that the Virtual Assignment did not trigger three out of four of the alienation covenants, it could not avoid being in breach of the covenant against parting with or sharing possession of the premises.

Not exact matches

The parties have agreed to indemnify each other against certain losses, including losses for breaches of representations, warranties and covenants.

You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys» fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use.

The contract provided that if he was in breach of certain restrictive covenants against competing activities, Mr Makdessi would not be entitled to receive the final two instalments of the price paid by Cavendish (clause 5.1) and could be required to sell his remaining shares to Cavendish, at a price excluding the value of the goodwill of the business (clause 5.6).

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an action in New Jersey state court against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real Estate Corp.), alleging breach of contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.

If it was not made against the insured during the policy period, then the insurer can disclaim coverage for that reason alone, regardless of when the insured gave notice.1 If the claim was made during the policy period but the insured gave notice after the expiration of the requisite time frame for notice under the policy, then the ability to disclaim coverage will turn on whether the notice provisions are conditions precedent or covenants.2 This principle applies regardless of whether the policy is a claims - made or a claims - made - and - reported and reported.3 If the notice provisions are covenants, then late notice constitutes a breach of the policy by the insured, triggering application of Md..

Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial landlord and tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge claims, actions against telecommunication operators, actions for breach of covenants, possession claims and enforcement.

Former employers often file cases against former employees and their new employers alleging breach of non-competition covenants, and the Mavrick Law Firm has successfully defended the new business or new employer.

Clifford acts in most types of commercial and insolvency litigation including Pre-emptive remedies, Minority Shareholder Actions, claims against Directors for breach of duty, claims for Unjust Enrichment or for Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Covebreach of duty, claims for Unjust Enrichment or for Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade CoveBreach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade CoveBreach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Covenants.

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

Arthur J Gallagher Ltd v Aston Scott Group [2017] High Court: Claim against insurance company and executives for breaches of restrictive covenants and misuse of confidential information.

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.

Successfully opposed an injunction motion brought by an employer against its former employees with respect to alleged breaches of various restrictive covenants.

An insurer's exercise of a contractual right to settle can not form the basis for a negligence or breach of the implied covenant of good faith and fair dealing claim against the insurer; and

They have no right to bring a claim for disrepair (or any other breach of covenant) against their landlord.