Sentences with phrase «contract action arising out of»

Court, S.D.N.Y in the matter of Flushing Bank v. AGCS Marine Insurance Company, 16 - CV - 2638 (RJS) in breach of contract action arising out of a claim by a loss payee.

Not exact matches

Under no circumstances will Sapphire Ventures or its affiliates be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the website, regardless of whether Sapphire Ventures or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, negligence or otherwise.

In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.6 Save as set out in 3.5, in no event will WRAP be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.

If these conditions and actions they trigger arise out of a legal contract, then the smart contract is merely a program executing some aspect of a contract.

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

It is common understanding that claims arising out of obligations pursuant to contracts and most statutes are subject to section 8 of the Limitation Act 1980 (LA 1980) and such claims can not not be brought after expiration of six years from the date on which the right of action accrued, unless they fell within certain exemptions set out in specific statutes.

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IN NO EVENT WILL THE UNCHAINED CAPITAL PARTIES» TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND THE OTHER UNCHAINED CAPITAL SERVICES, INCLUDING THE APPLICATION OR RECEIPT OF ANY BITCOIN LOAN, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $ 50 AND (B) THE FEES PAID BY YOU, IF ANY, TO UNCHAINED CAPITAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER.

Limitation of Liability IN NO EVENT WILL VALUEMYHOUSE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITof Liability IN NO EVENT WILL VALUEMYHOUSE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITOF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.