Sentences with phrase «costs against the other party»

Bortnikov is a good reminder to ask that the endorsement arising from a case conference reflect, at minimum, a request for costs of the attendance if you hope to later claim those costs against the other party.

Not exact matches

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

You agree to defend, indemnify and hold harmless RMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

I will join anyone in railing against guilty parties like Theta Tau and the people who made that video, but I will always fight back against the «paying for friends» argument because, just like many other things in life, not everything is free, and sometimes if you want to affiliate with people who share similar interests as you, it costs money.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

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.

Indemnification: You agree to indemnify, defend and hold harmless Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to your account (including infringement of third parties» worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person at your direction accessing Fertility Center of Las Vegas» web site.

The Learned Hand rule on such questions of tort would suggest, for example, that producers and other parties ought to take precautions against harming others in any cases where the cost of the precaution is less than the expected cost of the damage: that is, the cost of the damage, discounted by the probability of its occurring.

But last year, challenger Bob Turner took almost 40 percent of the vote in his battle against six - term incumbent Weiner in a year in which Tea Party activists and others opposed to President Barack Obama's policies exacted a heavy toll on Democrats across the country, costing them control of the House.

The opposition New Patriotic Party (NPP), has mischievously costed the various corruption allegations the party, its flagbearer, Nana Akufo - Addo, and others have leveled against the Mahama administration at a conservative estimate of GH cents 9.2 billion, the equivalent of US$ 2.2 billion since Party (NPP), has mischievously costed the various corruption allegations the party, its flagbearer, Nana Akufo - Addo, and others have leveled against the Mahama administration at a conservative estimate of GH cents 9.2 billion, the equivalent of US$ 2.2 billion since party, its flagbearer, Nana Akufo - Addo, and others have leveled against the Mahama administration at a conservative estimate of GH cents 9.2 billion, the equivalent of US$ 2.2 billion since 2009.

You agree to indemnify, defend, protect, and hold harmless Edutopia, and its successors, subsidiaries, affiliates, cobranders, contractors, employees, all third - party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third - party claim, demand, loss, damage, cost, or liability (including reasonable attorneys» fees) arising out of or relating to

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.

By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.

The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or wilful misconduct by the indemnified parties.

You agree to indemnify, defend and hold harmless Tamarindo Diving Center, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

You understand that you are personally responsible for your behavior while playing any game and / or while you are on the websites and agree to indemnify and hold Koch Media and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the «Indemnified Parties»), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys» fees) that the Indemnified Parties may incur in connection with any claim (s) or threatened claim (s) arising out of or related to your use of any game and / or the websites or your violation of these Terms, applicable law, or the rights of any third party.

We advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under federal and state statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs from responsible parties.

This means that one litigant, usually the successful one is awarded party and party costs against the other.

In other words, the winning party will generally be awarded costs against the losing party.

On the other hand, the resolution of an important claim against a key party could significantly advance access to justice, and be the most proportionate, timely and cost effective approach.

In case any such action is brought against an Indemnified Party, and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party will be entitled to participate in, and, to the extent that it may wish, jointly with any other Indemnifying Party similarly notified, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to the Indemnified Party, and after notice from the Indemnifying Party to the Indemnified Party of its election to so assume the defense thereof, the Indemnifying Party will not be liable to the Indemnified Party under this Section 9 for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than reasonable costs of investigation.

Where a litigant thereby understands the applicable Rules of Professional Conduct, and is instructed to recognize and document instances of unprofessional or vexatious conduct by opposing counsel, there should be clear cost consequences in court against the party shown to be engaging in such conduct, in addition to any reprimands or other disciplinary actions that might be instituted by the governing professional body.

It relied on a number of factors, including that the tribunal had awarded costs against the commissioners because of their «serial failures to comply with the time limits in the tribunal rules and its directions», which «hamper the administration of justice and can prejudice the other party».

In exercising his discretion to award costs against a losing party (s. 63 of the Act), he construed «other costs» in s. 59 (1)(c) of the Act as including the cost of litigation funding.

For example, if a regulatory body «wins» one allegation, but fails to make out another allegation — meaning the respondent was successful on that point — the panel may award costs to each party for its successful claims (with the amounts being «set - off» against the costs of the other party), or it may decline to award costs altogether, on the basis the parties should «bear their own costs».

You agree to indemnify, defend and hold harmless our Bitland Blockchain Land Registry in Ghana website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.

The Court may make an order for an interim payment or payment into escrow that will bind all parties to the COF proceedingswhere the Court issatisfied that, if the claim went to trial, the original claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants.

The other would prevent claimants from targeting consumers or small - business users while preserving the right to take action against infringing product manufacturers or vendors.One of the most contentious reform issues relates to fee shifting, which may require the losing party in a patent infringement suit to pay the winning party's costs.

That same year, in Los Angeles, a trial judge allowed a prevailing party to include $ 24,000 paid to the trial technician operator in their cost memo to recover from the other side, even though that is not one of the enumerated recoverable costs and there was actually case law against including it.

His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery action by a lender on a shared appreciation mortgage equity release — the only such case to go to trial).

Almost always, the risk of paying the other party's costs is also assuaged, not by statute (because the Class Proceedings Act creates a presumption of costs against the unsuccessful party), but by the evolution of class action practice.

Bodily Injury Liability insurance covers you against the injury treatment costs of other parties when you cause an accident.

Some states allow injured parties to file civil suit lawsuits against you if your car insurance policy can not adequately pay for medical expenses or other costs incurred by the injured party.

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, «Indemnified Parties» and each, individually, an «Indemnified Party») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this AgreeParty») against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this AgreeParty in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreeparty claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement.

IDAPT shall also indemnify and hold harmless the Association for Play Therapy (APT) and its officers, directors, members, employees, and other agents from and against all claims, demands, and liabilities (including reasonable attorneys» fees and costs) asserted by third parties arising from the indemnifying party's performance within and outside of its Branch Charter Agreement.

In the event Florida Realtors is the prevailing party in any suit by or against You to enforce or interpret this Agreement, You agree that, in addition to any other relief that may be appropriate under the circumstances, the court shall enter an award in Florida Realtors» favor for Florida Realtors» attorney's fees and litigation costs and expenses incurred in prosecuting or defending such litigation