He said the party was considering its next steps and had already lodged
a claim against the suppliers and licensors of the sound - alike track.
--(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.
GEAG v A & P: instructed to advise and represent Claimant in its Commercial Court
claim against supplier of alleged faulty fully welded plate heat exchanger installed in major UK refrigeration plant.
Represented a manufacturer of jet engine fuel spray nozzles in prosecution of commercial damage
claim against supplier of super alloy forgings.
He was preparing to file a statement of
claim against the supplier and the manufacturer of the furnace.
* Resolved vendor issues and
claims against suppliers.
Not exact matches
«Despite Apple's
claims against Qualcomm, Apple
suppliers remain contractually obligated to pay royalties to Qualcomm under their license agreements with us, including for sales of iPhones to Apple,» Qualcomm President Derek Aberle said of the dispute on the company's conference call in April.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders,
suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and
against all actual or alleged Daily Harvest Party or third party
claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided t
claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «
Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided t
Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
Two weeks ago, I further supported this thesis with the supposition that the Gulf Coast storms would actually accelerate these trends, going
against virtually every other oil analyst out there, including an alert from Goldman Sachs
claiming the storms would have a far greater impact on demand than
supply.
The iPhone maker's $ 1 bln
claim against its cellphone - chip
supplier echoes a showdown a decade ago that threatened to derail Qualcomm's business model.
You can
claim people are deluded and constantly
claim that its all Wengers fault, but the simple reality is even with a never ending
supply of riches, you simply can't mitigate
against every possibility, player injury, or loss of form, which seems to be your suggestion.
You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and
suppliers from and
against any and all
claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
Furthermore, by submitting material for inclusion, the user hereby agrees to indemnify Motor Sport Magazine and associated partners and commercial
suppliers of services
against all
claims (damages, losses and compensations) resulting from their submission.
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors,
suppliers and representatives from and
against any and all
claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («
Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
You hereby release and forever waive any and all
claims you may have
against Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers or
suppliers (including but not limited to
claims based upon the negligence of Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers or
suppliers) for losses or damages you sustain in connection with your use of the website.
His investigation continues, and he expects more
claims to be brought
against other food service providers over rebates that not only create «an inherent conflict of interest» in the choice of foods children are served at school, but also discourage the use of locally produced goods from smaller
suppliers, including local farmers.
By entering, all Participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize
suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and
against all
claims and damages or liability arising in connection with each Participant's participation and / or entry in the Promotion and / or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotion - related activity or participation in this Promotion.
Against a black - and - white spell - out in the 9th June, 2017 letter by Finance Minister, Ken Ofori - Atta, which ordered the Managing Director of the Agriculture Development Bank (ADB) to dole out some Ghc10.4 million to McDan, Mr. McKorley's
claim that he has no
supply contract with the Ghana Cocoa Board hangs out as the alternative fact.
However, Cameron's
claim came under pressure when Gani told LBC Radio that he backed the Tory candidate Dan Watkins last May
against Khan in Tooting and even
supplied canvassers for his campaign.
In California, the issue of water
supply has pitted farmers
against city dwellers and environmentalists, who
claim that the farmers waste most of their water on low - value crops and inefficient irrigation systems.
At our request, you agree to compensate us fully and hold us, Lane Crawford (including its officers, directors, agents, affiliates, licensors, and
suppliers), harmless from and
against all liabilities,
claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you.
Members shall hold FilmOn, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents,
suppliers, staff, admin, moderators or auxiliary persons harmless from any
claims of third parties filed
against any or all of the aforementioned parties, arising out of the violation of any of the terms of service and actions of users.
A priority police response can not be guaranteed by a
supplier who isn't audited and compliant with BS 8484, and whilst many
suppliers will
claim that parts of their system are BS 8484 compliant, unless they can prove this by way of certification
against sections 4, 5 and 6 of BS 8484, they can not guarantee a priority Police response.
Chrysler itself has filed a lawsuit
against the German firm,
claiming its former parent is refusing to honor contracts to
supply partsfor some of Chrysler» smost important vehicles.
Expectedly all this has affected
supply commitments though Datawind CEO Suneet Singh Tuli had
claimed in an earlier interview to DNA that they had already
supplied 10,000 units
against an order for 100,000.
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.
Without limiting sub-clause 2.3 of these Website conditions, you shall fully indemnify New Generation Publishing Ltd
against any
claim brought
against New Generation Publishing Ltd on the basis that your use of a material and content contained within the Website or
supplied image has infringed the rights of the publisher and / or copyright owner of the material and content contained within the Website or
supplied image.
Old
suppliers may make a
claim through the sheriff court to get a decree
against you.
Old
suppliers may make a
claim through the County Court to get a county court judgment (CCJ)
against you.
By entering this Promotion, entrant and reseller agree to release and hold harmless Administrator and their respective subsidiaries, affiliates,
suppliers, distributors, marketing / promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees, and agents (collectively, the «Released Parties») from and
against any
claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Michaels and its respective employees, directors, officers, agents, vendors, and
suppliers from and
against any liabilities, losses, investigations, inquiries,
claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys» fees and expenses)(each, a «Claim») arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Condi
claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys» fees and expenses)(each, a «
Claim») arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and
Claims alleging facts that if true would constitute a breach by you of these Terms & Condi
Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
For New Jersey users, you would not be required to defend, indemnify or hold harmless Michaels and its respective employees, directors, officers, agents, vendors and
suppliers from and
against any liabilities, losses, investigations, inquiries,
claims, suits, damages, costs or expenses arising out of Michaels own negligence.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and
against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys» fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
And this adjunct to the story, from the Brisbane Times: «The ACCC is taking civil action
against Holden GM,
supplier of Saab cars in Australia, over
claims it made last year that 17 native trees would be planted for every vehicle sold, which would offset carbon dioxide emissions for the life of the car.
For more than 20 years, British holidaymakers have relied upon the Package Travel Directive to
claim damages
against their own UK tour operator in circumstances where the operator (or its
suppliers) breaches the rules.
Recently, Detlef Haß defended Air Canada
against damage
claims brought by DB Barnsdale for the alleged air cargo cartel, and represented Volkswagen in an interim proceeding
against two
suppliers following a delivery stop and a threat to halt all production of several key components.
A group of Toshiba companies
claimed damages
against companies alleged to have taken part in an international cartel in the
supply of industrial copper tubing.
Asian independent power producer in Hong Kong arbitration
claiming damages
against manufacturer and
supplier of gas turbines arising out of long term operation and maintenance contract for a combined cycle power plant
Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour
claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA)
against a pharmaceutical
supply company's call center;
It would seem enough to put a small
supplier off even thinking about taking on the work; until they appreciate the underlying reason why the enterprise customer wants such a comprehensive set of protections even where the
supplier could not realistically ever fund a full
claim against them under the agreement.
Represented Canadian utility in coal
supply dispute
against its
supplier who
claimed force majeure based on expropriation by Latin American country
Resolved
claim against window
supplier resulting in the replacement of all the windows in the four buildings of the complex.
«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.»
It should be noted that the SFO has repeatedly and publicly criticised the tendency for companies to
claim privilege over the accounts of witnesses, making clear in relation to DPAs that it views the «free
supply of relevant information», including «the account of any witnesses spoken to by those conducting the enquiry» to be «the hallmark of cooperation».10 This approach is also codified in the DPA Code of Practice, which states that the SFO will take into account whether a company has disclosed relevant witness accounts as a public interest factor tending
against a prosecution.
You may have a
claim against anyone involved in the
supply chain for the product, from the engineer who designed it to the retailer that sold it to you.
The charge ranks above any other
claim against the bankrupt's assets (which is not limited to current assets, unlike the WEPPA charge) except the right to recover thirty - day goods, the charge in favour of
suppliers of agricultural goods, the WEPPA charge, and the source deductions related to income tax, Canada Pension Plan, Employment Insurance, or the provincial equivalents.
These cases usually require the injured worker to bring
claims against contractors, subcontractors, developers, owners, material
suppliers, architects, engineers, and insurance companies.
Acted for numerous airlines advising them on regulatory issues, and
claims of both regulatory and commercial nature including EC 261
claims, advice on compliance with various EU Regulations including ETS, EC Reg 1008/2008, the PRM Regulation, state aid, consumer protection legislation, competition cartel and alliance issues, price fixing investigations, disputes with airports, slots advice and transfers, EU blacklist work and regulatory safety compliance, ground handling disputes, and commercial disputes acting for airlines
against all manner of
suppliers and manufacturers.
Acting for an airline bringing a
claim against an aircraft manufacturer for breach of contract and misrepresentation relating to a sale and purchase agreement for the
supply of freight aircraft.