Sentences with phrase «contract claims arising out of»

Not exact matches

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 tclaims, 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 tClaims»), 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.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us («claim») except as set out below.

In no event shall Cannon Beach Photo's total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Cannon Beach Photo website and / or image (s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Cannon Beach Photo from you for your use of the applicable Image (s).

Terms and conditions for the Booking of surf lessons through our site and any dispute or claim arising out of or in connection with that Booking the Contract with the Surf School owner or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

For instance, a United States court rejected an argument that the tribunal had deviated from the parties» agreement by consolidating claims arising out of two separate contracts.

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

Paul specialises in contractor claims for delay and disruption, cases involving major building defects and disputes arising out of FM contracts and PFI projects.

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.

It is defending Royal Bank of Canada Trust Company (Jersey) in litigation brought by two individuals relating to royalties arising out of a feature film; and is representing Manchester Airport in a claim against Ten Group under a guarantee arising out of the termination of an advertising contract with Airport Advertising UK.

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.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the «SCC»).

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).

Chris Bushell Qualified: 2004 Made partner: 2014 Key cases: Advising G4S in relation to claims arising out of its contract to provide security services for the London 2012 Olympic and Paralympic Games; advising Lehman Brothers Finance SA (In Liquidation) in relation to a range of proprietary and unsecured claims arising out of the collapse of the Lehman group.

Advising in connection with a claim against a large national firm of solicitors arising out of advice given in relation to a construction contract.

Apr. 9, 2013)(Obtained dismissal of bad faith and breach of contract claims in ERISA litigation arising out of participant eligibility)

Since the uninsured / underinsured claim arises out of contract, a five year statute of limitations applies.

Acted successfully as sole counsel for a Singapore - listed company in defeating a jurisdictional challenge by the Malaysian multinational respondent to a US$ 47.5 m claim arising out of a contract for the fabrication of an oil well and process platform for use in the Indian Ocean.

The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers» ability to «contract out» of the Limitations Act, 2002 (LA 2002) where the insured is not a «consumer.»

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

Disputes arising out of the sale and financing of securitized portfolios of automobile leases, involving securities law, contract claims, and insurance coverage issues

for a major shipping group (with Huw Davies QC) in their claims for several hundred million US Dollars arising out of a refusal to perform shipbuilding contracts (LMAA).

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules.

CRUI and others v King & Wood Mallesons LLP 2016 Acted for defendant in a professional negligence claim arising out of employment advice in relation to termination of a senior employee's contract of employment.

Patricia also litigates complex business issues that arise out of breach of fiduciary duty claims, breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.

A copy of any contract or other legal instrument out of or in relation to which the dispute arises and of the arbitration agreement shall be annexed to the statement of claim.

Our attorneys have defended companies in lawsuits involving claims of negligence, invasion of privacy, and breach of contract arising out of the use and dissemination of computer - based information.

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.

The claim arises out of the contract for the sale of the defective product that has caused a plaintiff injury.

Represented a major construction company in its claim against Iran in its UNCITRAL Rules arbitration arising out of contracts for the construction of a highway.

Represented Southeast Asian network operator in claims worth $ 20 million arising out of telecoms equipment and services contracts and related claims of defamation.

In addition to defending against employees» claims of sexual harassment and all forms of discrimination, including gender, race, and sexual orientation, BHPK attorneys have also successfully represented employers in claims brought by their employees for wrongful termination, whistleblower claims, contract disputes, and issues arising out of alleged violations of The Family and Medical Leave Act.

At the consumer end, we advise both prospectively and retrospectively on UK and European consumer protection legislation, including claims arising out of the Unfair Contract Terms Act, the Consumer Protection Act, the Sales of Goods Act, the Consumer Protection from Unfair Trading Regulations, and issues relating to product recall and liability generally.

FN4 AAR argues that notwithstanding the statute's explicit saving of contract claims, courts have stated that «common law claims» arising out of the same operative facts as a trade secret claims are preempted, and that contract claims are common law claims, so contract claims must be preempted.

Representing defendant corporation and chief executive officer personally, from general contractor claim of tortious interference with Prospective Advantage Complaint seeking in excess of $ 2 million in compensatory and punitive damages arising out of construction contract dispute for an elementary school renovation.

The provisions of this Act come into force on the date or dates to be set by the Government, except article 28, which comes into force on the date of assent to this Act, in particular to allow the establishment of a pilot project on mandatory mediation for the recovery of small claims arising out of consumer contracts.

Essentially, the claim must be for damages for breach of, or a sum due under or arising out of, a contract of employment or other contract connected with employment.

Represented national financial institutions and loan servicers in consumer - initiated cases involving allegations of wrongful nonjudicial foreclosure practices, fraud, unfair business practices and violations of the Fair Debt Collection Practices Act, as well as claims arising out of Retail Installment Sale Contracts.

2 The limitation period in respect of a claim arising out of a breach by one party of a contract for the delivery of or payment for goods by instalments shall, in relation to each separate instalment, commence on the date on which the particular breach occurs.

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

The painting contractor has signed a contract promising to insure Capital Construction against any claims that arise out of Prime Painting's work on the project.

4autoinsurancequote.com shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if 4autoinsurancequote.com has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third - Party Site, materials in any Third - Party Site, or the inability to use any Third - Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of 4autoinsurancequote.com's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.

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.