Sentences with phrase «claiming breach of the term»

Johnson was claiming breach of the term of mutual trust and confidence leading to psychiatric illness, after his employer summarily dismissed him based on allegations made against him.

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.

Upon Packaging Europe magazine's request, you agree to defend, indemnify and hold harmless Packaging Europe magazine, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.

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 indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

The order followed claims by the Environmental Protection Agency (EPA) that Exton Cubic's current operations in the Nyinahin bauxite concession were illegal because it had breached terms of its initial permit.

That was illegal, because it breached the terms of repeated UN Security Council resolutions, they claimed.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Cclaims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such CClaims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such ClaimsClaims.

As a condition of your use of this website, you agree to indemnify Holistic Wellness and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

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.

You agree to indemnify, defend and hold harmless Slickster Magazine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys» fees, made by any third - party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third - party.

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules.

You agree to pay for our defense of any third party's claim related to your breach of any of these terms or related to your negligence or wrongful act or omission related to the RelyID service.

You accept defend, indemnify, and hold safe Sugar Daddy Dating Sites Review, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Tterms of these TermsTerms.

You agree to indemnify and hold Top 20 Senior Dating Sites and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Top 20 Senior Dating Sites arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

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.

You agree to defend, indemnify and hold harmless Global Educational Excellence and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

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.

11.1 By using our Site, you agree to defend, indemnify, and hold harmless Emergency Cash Limited from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Emergency Cash Limited may become obliged to pay, arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use.

You agree to indemnify and hold Term Life Insurance By Jeff and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Term Life Insurance By Jeff arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

You agree to indemnify VA Loan Captain and its participating lenders from and against any and all liabilities, expenses (including attorneys» fees) and damages arising out of claims resulting from your use of this website, including any claims alleging facts that if accurate would equal a breach by you of this Terms of Use Agreement.

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.

Indemnity You shall indemnify and keep Bark Busters indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms of Use.

You further agree to indemnify and hold harmless PetSmart Charities and its affiliates from any claims relating to or resulting from your breach of the above terms and conditions regarding the posting of content in accordance with the section entitled «Services Indemnification» below.

Hotel Name 1 may at any time and without notice terminate or restrict a person \'s ability to submit a claim under or otherwise benefit from the Best Price Guarantee, if in its sole discretion Hotel Name 1 determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Price Guarantee claims; (4) failed to stay at Hotel Name 1 Hotels after receiving approved Best Price Guarantee Claims; or (5) breached any of these BPG claims; (4) failed to stay at Hotel Name 1 Hotels after receiving approved Best Price Guarantee Claims; or (5) breached any of these BPG Claims; or (5) breached any of these BPG Terms.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel 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, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

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.

Members agree that any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force and as may be amended by the rest of this clause.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

Starwood may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion Starwood determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at Starwood Hotels after receiving approved Best Rate Guarantee Claims; or (5) breached any of these BRG claims; (4) failed to stay at Starwood Hotels after receiving approved Best Rate Guarantee Claims; or (5) breached any of these BRG Claims; or (5) breached any of these BRG Terms.

MGM Resorts International may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion MGM Resorts determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner; (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at an MGM Resorts destination after receiving approved Best Rate Guarantee claims; or (5) breached any of these Best Rate Guarantee terms.

You agree to indemnify and hold the SVG Tourism Authority («SVGTA») harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against SVGTA by any third party arising out of your use of the Services and / or any Content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by SVGTA in consequence of your breach of these Terms and Conditions.

By using the Service, you agree to indemnify and hold Humble Bundle, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys» fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service.

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).

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any Content you upload, post or email or submit on or through our Site, or arising from any breach by you of these Terms and Conditions.

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 & Condiclaims, 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 & CondiClaims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

Sir Donald Rattee upheld the claims by the owners and landlords of the building, which once housed the Greater London council, that the Saatchi gallery had continually breached the terms of its lease.

A spokesman for the Saatchi Gallery said after the hearing: «The forfeiture issue was based on the landlord's claims that the two - for - one ticket offer breached the terms of the lease.

You agree to indemnify and hold The Freecycle Network, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

In terms of advocacy, this is tricky; people in the fossil fuel sector will doubtless claim that lower climate sensitivity means rapid reductions in fossil fuel use are not necessary, so they can go on with their plans for more gas and oil development without breaching the Paris Agreements, etc..

In Edwards, Moore - Bick LJ held that Johnson v Unisys was irrelevant to Mr Edwards's claim as he was relying upon a breach of an express term of the contract.

While Johnson prohibited the implication of any term into a contract that required an employer to operate their disciplinary procedures fairly, that did not mean that an employee could not claim damages for breach of an express term.

Defending claims for liquidated damages and advancing claims for Permissible Delay and damages for additional build costs, breach of terms of build contract, including terms relating to advertising and promotional activities and late payment of instalments.

Our Vancouver separation agreement lawyers know that a party who breaches (refuses to follow) a Vancouver separation agreement can be the subject of a claim for damages for breaking the deal that can also include being ordered to comply with the terms of the deal or allowing the other party to exercise the right to make claims that were waived under the original Vancouver separation agreement.

The heart of their cases is the claim that BP breached the implied covenant of good faith and fair dealing and the «open price term» provision of the UCC by selling them wholesale gasoline at prices that were commercially unreasonable and set in bad faith.

Patent owners may consider bringing claims for interference with contract against competitors who encourage customers to breach their contractual obligations by transferring products in violation of purchase terms.

The case in question, Ivey v Genting [2017] UKSC 67, decided on 25th October 2017, did not concern dishonesty in the contexts where it might normally arise, e.g. the criminal law, dishonest assistance in breach of trust or a fraud claim, but in the context of a conceded contractual implied term in a gaming contract that the gambler would not «cheat» at the card game of Punto Banco.

CONSIDER A CONTRACT Constructive dismissal is a claim by an employee that their terms of employment have been fundamentally breached.

Tort Claim In general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damages.