Sentences with phrase «breach of warranty as»

Represented a listed company in relation to an oil and gas investment dispute in Indonesia, including whether there was a breach of warranty as to the potential quantities of gas reserves in the concession.

We count breach of warranty as one of our many practice areas, and we may be able to help you.

In a recent highlight, the frequently recommended Rupert Bellinghausen defended an international industrial services provider against damage claims for breach of warranty as part of a post-M & A arbitration.

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

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.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

GM shall not be liable for incidental or consequential damages, such as, but not limited to, lost wages or vehicle rental expenses, resulting from breach of this written warranty or any implied warranty.

If a third party asserts that you did not have all rights required to make your eBook available on NOOK Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable.

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

According to the lawsuit, Sony breached warranty terms and falsely advertised the console, as the OtherOS feature was one of the selling points of the PlayStation 3.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

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

However, the enforceability of such terms then depends on if such term was to be viewed (by a judge) as a condition to the contract or as a mere warranty, each with different effects of breach.

24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

Caroline frequently advises on issues such as breach of warranty / non-disclosure, qualifying directors, capacity, allocation and advancement.

Occasionally, injury occurs as a result of a breach in contract or in warranty.

He represents diverse businesses and industries such as land developers, resort and hotel owners, entrepreneurs and start - up companies, real estate and leasing companies, commercial landlords and tenants in matters involving breach of contract, breach of warranty and business tort claims, as well as claims arising out of fraud allegations.

Finally, the Court of Appeal held that breach of warranty of authority could not be deployed in the circumstances as, even if such a breach existed, it could not have provided the AG with recoverable damages as the plaintiffs were impecunious.

Injuries on residential property caused by a negligent landlord (may be liable for negligence as well as for breach of warranty of habitability claims)

Breach of policy terms, conditions, warranties and conditions precedent is also a common cause of disputes, as is underinsurance.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

The open and obvious defense and contributory negligence are related, but the open and obvious defense focuses on the hazard itself rather than the actual conduct of the plaintiff.9 As noted above, a Virginia plaintiff can not recover for a breach of an implied warranty «if the purported defect of which the plaintiff complains was known, visible or obvious to him.»

Mr. Grossman updated the chapter «Products Liability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and welfare.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

Mr. Geiger represents business clients in all types of disputes, such as product liability (including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence, breach of privacy, other personal injury claims, class actions, multidistrict litigation, governmental actions, insurance litigation, breaches of contract, allegations of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.

-- six months following the expiration of the applicable limitation period for breach of fundamental representations and warranties such as authority to enter into agreement, title to assets, etc..

He is also regularly instructed in claims arising from share sale agreements such as breaches of warranty and misrepresentation, claims related to earn outs and claims for deferred consideration.

Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.

Benefit from experienced practitioners that have distinguished themselves in important landmark cases on issues such as financial assistance, minority oppression, breach of directors» fiduciary duties, breach of warranties and share buy out valuation.

We have extensive experience defending class claims in antitrust, securities and derivative actions, as well as class consumer fraud, breach of warranty, contract, environmental tort and other regulatory claims against manufacturers, retailers, financial institutions and insurance carriers.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.

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.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

We can help you with breach of contract and warranty cases, disputes over the proper construction of agreements, shareholder disputes, disputes over joint ventures, and post-mergers and acquisitions disputes, as well as with corporate governance related litigation, for example shareholder activism battles, disputes on public take - over bids and squeeze - out procedures.

The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at actuals)(collectively «Loss») relating to or arising out of a breach by the User of the Terms of Use relating to this website or arising out of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct of a User in relation to the use or access of this Website as a result of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out of or relating to any such conduct.

STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject student to liability for damages incurred by SCHOOL OWNER as a result thereof, including but not limited to general, consequential, and punitive damages.

STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject student to liability for damages incurred by COURSE PROVIDER as a result thereof, including but not limited to general, consequential, and punitive damages.

You represent and warrant for the benefit of the Company, the Company's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity / privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).

If you register as an Real Estate Professional User, you represent, warrant, and agree that: (1) you are a licensed real estate broker, or licensed real estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.