Re Britannia Heat Transfer Ltd [2007] BCC 470 (Ch)-- Norris J gave guidance on interplay between a CVA and the employment protection provisions against
contracting out of claims (s203 Employment Rights Act 1996).
Not exact matches
In comments on Twitter earlier this month, Trump criticized the government's
contract with Boeing to build a new Air Force One fleet,
claiming that «costs are
out of control.»
The CEO
of Boeing said Wednesday that he told Donald Trump the company would build a new Air Force One fleet for less than $ 4 billion, referencing the figure the president - elect previously
claimed the «
out of control»
contract would cost.
(Deciding a
contract is unfair rarely constitutes a legal reason to back
out of that
contract; Petty
claimed that ABC's sale
of Shelter Record's to MCA served as justification to declare an unfavorable
contract he
claimed he signed under duress to be invalid.)
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.
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).
Trump's lawyer Michael Cohen — the same one who
claims to have paid the $ 130,000
out of his own pocket — appears to have signed the
contract, and Trump's team will probably argue that this is sufficient.
«We are getting a proliferation
of people applying for [wine producers] licences and they can then go
out and buy grapes,
contract made,
contract bottled and effectively sell it to the retail market at cost and
claim a 29 per cent rebate back from the government.»
A footballer like Reus — who play as a winger, in midfield or up front — does not come cheap and The Express
claim that Chelsea have been told they must pay # 70m to buy him
out of his
contract, which is due to expire in June 2019.
«I'd say that there might be more kids
out of wedlock than there are players in the NBA,» estimates one
of the league's top agents, who says he spends more time dealing with paternity
claims than he does negotiating
contracts.
As seen on the front page
of Spanish newspaper Sport on Monday below, it's
claimed that United are ready to splash
out a sensational fee
of $ 200m to meet Neymar's release clause in his current
contract, while they will also offer him $ 25m - a-year to make him the highest earner in the Premier League.
The Chile international is due to be
out of contract in the summer, with latest speculation from the Daily Mirror
claiming Paris Saint - Germain are emerging as favourites to sign him as a possible replacement for Neymar.
The report
claims that the youngster is prepared to see
out the rest
of his current
contract at the Emirates Stadium and leave the club on a free transfer next summer.
Zlatan Ibrahimovic is
out of contract, but is
claimed to already know his destination this summer.
The report
claims that they are holding
out for a transfer fee
of around # 8 million, which is too much for a defender with just six months left on his
contract.
The report
claims that news
of it has reached the German champions Bayern Munich and they want to activate it when their own midfield star Xabi Alonso is
out of contract in a year.
Jack Wilshere has
claimed that he expects his future to be sorted
out in a couple
of weeks, with Arsenal in line to open talks over a new
contract.
This latest update on the future
of De Gea comes after reports at the weekend
claimed that the former Atletico Madrid man was demanding a buy -
out clause to be inserted before he would entertain signing any new
contract at Old Trafford.
Reports earlier in the season
claimed that Louis van Gaal would make a move for the
out -
of -
contract striker at the end
of the season.
Further, it's
claimed that the first bit
of business that will be carried
out is securing the future
of goalkeeper Gianluigi Donnarumma by offering him a long - term
contract as he prepares to turn 18 next week.
Latest reports now move to
claim that he has come to terms with the reality that he will have to see
out the last season
of his
contract, with no concrete offers coming in, and with Arsenal refusing to negotiate with their Premier League rivals.
One
of the star players in question is top - scorer Alexis Sanchez, who is understood to be on the way
out but a report from the Evening Standard is now
claiming that the player will be offered a mammoth # 300,000 a week
contract to stay in North London.
But with his
contract set to expire at the end
of the current campaign, Arsene Wenger has not only come
out in support
of his compatriot but has also
claimed that he will be given a new
contract at the Emirates, should the now 28 - year - old prove his fitness.
Conte is
claimed to have fallen
out with his hierarchy in West London, and has been tipped to leave to return to Italy come the end
of the season, although he has two years remaining on his current
contract, and is also
claimed to be ready to see
out his
contract depending which source you trust.
He is
out of contract in the summer and, amid some very public courting, Sky Sports
claimed in January that he has reached an agreement in principle to sign for Serie A giants Juventus.
Arsene Wenger is
out of contract this summer and now according to reports from the Sun,
claims have been made that Juventus boss Max Allegri is the favourite to replace the veteran Frenchman in the hot seat at the Emirates Stadium.
The Germany international is
out of contract at the end
of the season and is expected to make a free transfer to Italian giants Juventus, although he continues to
claim that he could still yet sign a new deal with the Reds.
Reports
claim Arsenal are looking to bring the Ivory Coast international in as a replacement for Alexis Sanchez, who is
out of contract at the end
of the season and could leave in January.
Bild
claims Hasenhuettl would cost either club 10 million euros ($ 12.4 m) to buy
out of his
contract, which expires in June 2019.
While it is
claimed that the England international midfielder has every plan
of renewing his deal with the club, the fact is he still hasn't signed and he's just a few months away from running
out his
contract and becoming a free agent.
It even suggested
out of contract David Moyes could be offered as bait taking over the Celtic job and that Robert Snodgrass could be offered as part
of the deal to reduce any compensation
claim by the Scottish club as Rogers signed a four - year
contract with Celtic in April 2017.
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.
Korle Bu Teaching Hospital earlier in the year opted
out of an agreement it had with Unibank to provide a system for the collection
of revenue,
claiming that uniBank had not delivered to their satisfaction hence the decision to terminate their
contract.
Kennedy, as did his opponent in 2014, signed a
contract promising to limit campaign spending to a grant
of about $ 95,000 in taxpayer money he received under the Citizen Election Program (CEP), the landmark Connecticut campaign finance reform that its supporters
claim is a model for keeping special interest money
out of elections.
These includes a proposal for legislation preventing the use
of public money in settling sexual harassment
claims, removal
of forced arbitration provisions from employee
contracts and a requirement that companies doing business with the state disclose the number
of sexual harassment adjudications and nondisclosure agreements they've carried
out.
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;
Even though technically the IRC and not Vagare is liable for those
claims, Vagare wants
out of its
contract to buy Parmesan via the IRC.
ROYALTIES: If a self - publishing company's
contract claims a portion
of your royalties, find
out why.
So: Never sign
contracts requiring you to pay the publisher
out of pocket, and if you suspect your publishing deal isn't quite as fair as the publisher
claims — don't be afraid to walk away.
What a writer has to look
out for are the Self Publishers that «
claim» your book isn't selling and they don't send you any
of the royalties promised in the
contract.
Therefore you know your
claim will be paid
out when needed according to the terms
of your
contract, unless fraud can be proven.
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.
Any
claims and obligations
out of the accommodation
contract only exist between you and the hotel chosen by you.
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.
Activision
claims EA actively pursued the pair while they were still under
contract with the company, which later turned into one
of the boots that kicked them
out of their own party.
One such as Rajendra Pachauri's attack on an Indian scientist for pointing
out for four years that the IPCC's
claim on Himalayan glaciers was incorrect during the period that the consulting firm he led, TERI, was negotiating for a large
contract to study the glacial melting
of Himalayan glaciers.
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