Sentences with phrase «breach of contract under»

Represented a pharmaceutical company in its Iran - U.S. Claims Tribunal claims against Iran for breach of contract under the UNCITRAL Rules.

Acting for a leading wireless telecommunications technology provider in ICC arbitration proceedings to defend a multi-million dollar claim for breach of contract under Korean law.

Ginsberg sued Northwest alleging a breach of contract under the implied covenant of good faith and fair dealing.

The seller's breach of a contract under this title or of any obligation arising therefrom shall constitute a violation of this title.

The ongoing representation of a US oil and gas drilling company in US and Venezuelan litigations against the Republic of Venezuela and the Venezuelan national oil company for takings in violation of international law and breaches of contract under the expropriation and commercial activities exceptions of the Foreign Sovereign Immunities Act.

On December 2, 2016, the English High Court ruled that the members of the band Duran Duran would be in breach of the contracts under which they assigned their publishing copyrights if they exercised their U.S. statutory right to terminate the transfer of the U.S. copyrights under section 203 of the Copyright Act.

Not exact matches

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

The DOL disagreed with the assertion that the rule creates a new private right to sue, «arguing that the applicable cause of action is breach of contract, which already exists under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit law specialist at DOL.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Another judge offended by the callousness of giving people a visa and then pulling the rug out from under them once they get here, may decide, «I want to explore whether a visa is the legal equivalent of a contract that the government has breached.»

Account No. 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then NSA (To wit: criminal breach of trust and corruption) and thereby committed an offence contrary to section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended in 2012 and punishable under section 15 (3) of the same Act.

«That you, Olisa Metuh and Destra Investment Limited on or about the 24th November, 2014 in Abuja converted the sum of N400m paid into the account of Destra Investment Limited with Diamond Bank Plc, Account No: 0040437573 from the account of the office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then National Security Adviser (To Wit: criminal breach of trust and corruption) and thereby committed an offence contrary to Section 15 (2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.

Sharp was under contract with Rahal Letterman Racing for 2008, but the two entities parted ways after each filed a breach of contract lawsuit against the other.

The agreement was terminated some time ago under just cause due to a breach of contract, with DMI granted a sell - off period for any remaining stock.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

The breach by a credit services organization of a contract under this chapter, or of an obligation arising from a contract under this chapter, is a violation of this chapter.

(5) The breach by a credit services organization of a contract under the Credit Services Organization Act or of any obligation arising from a contract under the act shall be a violation of the act.

Any person, as defined under this Act, violating any provision of this Act except breach of contract, upon conviction for the first offense, is guilty of a Class A misdemeanor.

A. Any breach by a credit services business of a contract under this chapter, or of any obligation arising under it, shall constitute a violation of this chapter.

--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

75A -(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

The breach by a credit repair services organization of a contract under this Part, or of any obligation arising from a contract under this Part, is a violation of this Part.

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.

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in equity.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.

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.

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.

The second of the two Infinity Ward bosses suspected to be under investigation for breaches of contract and insubordination, CEO and Studio Head Vince Zampella, is no longer employed by the studio, his professional LinkedIn profile reveals.

representing Indonesian ship owners in an arbitration under the auspices of the London Maritime Arbitrators Association (LMAA) to claim against charterers for breach of a contract for the carriage of coal

Representing an equipment leasing company in a contract dispute against an assignor of leases alleging breach of a perfect pay provision and a $ 25 million guaranty under the terms of an assignment agreement.

He has many years of experience of advocacy in Employment Tribunals, advocating at full hearings in relation to claims of unfair dismissal, discrimination, deductions from wages, breach of contract, TUPE and claims brought under the Working Time Regulations.

By imposing stricter rules on recognition and enforcement of foreign arbitral awards, a Contracting State will breach its obligations under the Convention.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence; Breach of Contract; Wrongful Termination; Fraud; Professional Negligence; Breach of Fiduciary Duty and Personal Injury.

Parties contracting under Chinese law can include a negotiated termination clause, and / or be permitted to terminate on breach of a «main obligation» of the contract which is not rectified within a reasonable time.

Where there is no written employment contract restricting rights at termination or the employment contract is void because it is in breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.

[37] But how was Ms Doerr's action against her paralegal advisor, (effectively for breach of contract and / or negligence in relation to execution of the paralegal's duties under the retainer relationship), an abuse of process?

The employee worked on under protest but claimed breach of contract.

«If works which are reasonably necessary and are done to a reasonable standard are carried out under a Partnering Agreement Camden will be able to meet criticism regarding the level of expense by pointing out that Camden is already contractually bound to the Partner and had to place the works with the Partner at the contract rate provided for in the Partnering Agreement, and therefore the costs were indeed reasonably incurred because, even if the works could reasonably have been expected to have been done significantly cheaper by other competent contractors, Camden would be in breach of contract by giving the works to anyone other than the Partner.»

In addition to representing clients in breach - of - contract litigation, Jeff has significant experience counseling clients on contract issues, including on damages, under the common law and Uniform Commercial Code.

Under the first branch of the test, courts must determine: (a) whether a term of the employment contract has been breached and (b) whether the breach has «substantially altered» an essential term of the contract.

He has substantial experience of advocacy in Employment Tribunals, advocating at full hearings in relation to claims of unfair dismissal, discrimination, deductions from wages, breach of contract, TUPE and claims brought under the Working Time Regulations.

As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.

Further, the EAT considered that claims under the WTR 1998 were analogous to claims of breach of contract, and there was no entitlement under English law to award damages for injury to feelings.

We handle breach of contract disputes ranging from the failure to comply with construction contracts, disputes over software licensing agreements, real property disputes, deficiencies in the sale of goods under the U.C.C., failed corporate acquisitions, partnership disputes and corporate dissolutions as well as intellectual property law cases.

For example, generally, actions against the state of Ohio or one of its agencies for failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrues.

Special master under FRCP 53 (a)(1)(c) appointed to decide 14 motions in limine in anticipation of trial of action between competitors for damages for unfair competition and breach of contract

In his diverse practice, Jeff represents clients in disputes related to breach of contract, unfair practices under the Federal Trade Commission Act, employment claims, business torts, copyright infringement, trademark infringement, trade secrets misappropriation and other commercial matters.