Sentences with phrase «costs indemnification»

although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain «best practices» that can be applied universally by litigation counsel to insulate against a client's claim for costs indemnification.

Of these options, third - party funding has increasingly become a more palatable choice given that funders undertake dual risk of upfront litigation expenses and adverse cost indemnification.

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 to you.

Indemnification As a condition of your use of the Services, you agree to indemnify and hold Wellington Management, its affiliates, and its and their respective partners, directors, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys» fees) arising from your use of the web site or from your violation of these Terms.

The directors will be entitled to customary indemnification from the Company and reimbursement of reasonable costs of attendance at board meetings.

Wyoming Whiskey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wyoming Whiskey in asserting any available defenses.

Indemnification You agree to indemnify, defend and hold harmless Wyoming Whiskey, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys» fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

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.

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.

Madhava Honey, Ltd. dba Madhava Natural Sweeteners reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Madhava Honey, Ltd. dba Madhava Natural Sweeteners in asserting any available defenses.

Indemnification You agree to indemnify, defend, and hold harmless Activation Products, its officers, directors, employees, agents, licensors and suppliers (collectively the «Service Providers») from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Historically, costs related to these indemnification provisions have not been significant, but IKAN is unable to estimate the maximum potential impact of these indemnification provisions on its future consolidated results of operations.

The GSEs do take on the credit guarantee obligation of the securities they issue, but nobody sells loans to the GSEs just to offload credit risk — in fact, more than a few lenders work hard to negotiate contracts with the GSEs that leave quite a substantial part of the credit risk with the original lender: recourse agreements, indemnifications, servicing options that put a lot of the cost of default on the seller / servicer, not the GSE.

This Release of Liability and indemnification shall apply to all known and unknown damages or costs resulting from the adoption, ownership or control of such dog (s).

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.

The license should provide for indemnification of the licensor by the licensee against any and all claims, costs, and expenses, including attorneys» fees, that arise in connection with any use of the artwork that differs from those that the license allows and from any claims relating to the product upon which the artwork has been reproduced, even if in full compliance with the terms of the license agreement.

If something does happen to a trespasser while trying to catch a Pokemon on private property, the property owner would likely continue to be strictly liable to a trespasser for an injuries that occurred, but it also seems likely that they would have a right to seek indemnification (where one party bears the monetary costs, either directly or by reimbursement, for losses incurred by a second party) from Nintendo and Niantic.

Relative to Item 36 and related disbursements, there should be no set rule that a successful party will be denied indemnification relative to these costs unless exceptional circumstances are shown to exist.

Our team has worked with US federal, state and local government agencies to defend against governmental enforcement actions and citizen suits, response cost litigation, indemnification claims, toxic tort class actions, imminent and substantial endangerment litigation, and criminal environmental claims.

Instead, the court applied the general rules for costs on a motion and found that the insureds were instead entitled to «reasonable indemnification».

The first is that a costs regime serves multiple functions, only one of which is indemnification.

Appellate authority has long established that when an insured applies to the court to enforce an insurer's duty to defend, that insured is entitled to full indemnification for both the costs of the defence and the costs of the insured to litigate with the insurer over entitlement to the defence.

The insurer paid for the tavern's defense and indemnification costs in the underlying tort action.

[99] I reject the Defendants» argument that by abandoning their defence to the Counterclaim, the Edwards Plaintiffs are thereby disentitled to argue against the Defendants» claim for indemnification for costs based on the terms of the VIA.

Although Attis limits a client's ability to seek «after - the - fact» indemnification from counsel for an adverse costs award, the decision does not preclude such recourse altogether.

Last year, Agarwal was counsel for Pro Bono Law Ontario in the Supreme Court of Canada's decision in Hinse v. Canada (Attorney General) on the issue of indemnification for legal costs in private pro bono litigation.

This liability can not be insured against or indemnified, although the defense costs to defend you against mere charges that you did this are often covered by an insurance policy or an indemnification agreement.

'' [M] odern costs rules accomplish various purposes in addition to the traditional objective of indemnification.

Trustees and beneficiaries involved in trust litigation are naturally concerned to understand the circumstances in which they can expect to recover their costs of proceedings (either from another party or by indemnification out of the assets of the fund) or in which they might have to pay another party's costs.

Justice Czutrin found that tax savings resulting from the deduction of legal fees provide a partial indemnification of a party's costs (even if minimal), and this indemnification is beyond the cost award that a court orders.

Otherwise, you may be entitled to equitable compensation and indemnification in respect of the costs you have incurred if a claim of promissory estoppel is upheld, though the requirement for that is that the prospective defendant must have at least been able to reasonably foresee that you were to rely on their clear and unambiguous promise and that they unconscionably departed from their promise.

Some solutions proposed are: rationing of judicial time for example by assigning a fixed number of motions to each proceeding; charging higher filing fees for additional motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more motions in writing; higher filing costs for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits for evidence in chief and cross, and some outsourcing of judicative functions.

You could include an indemnification clause requiring an infringer to cover your costs created by his actions, but then you would have to locate and sue the infringer to actually cover those costs.

INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.

The exposure businesses can face in the event of a data breach include direct and cross-claims relating to costs incurred to investigate and mitigate damages that could be attributed to the breach, indemnification from individual or class action lawsuits filed against the business by employees or customers, and penalties for violations of government regulations.

She adds corporate sponsors of any event should seek an indemnification from the event organizers for any third party claims in respect of any damages, liabilities, losses, costs, or expenses of any kind arising out of the particular event.

Actual Cash Value - repayment value for indemnification due to loss or damage of property; in most cases it is replacement cost minus depreciation

Demonstrated expertise in the execution of complex contracting negotiations within business and governmental sectors focusing on Indemnification, risk mitigation, supplier performance measurements, cost control, quality, planning, and year...

The trial court ruled that under the common law (or judge - made laws, as opposed to statutory laws) of agency, the Brokerage, acting as an agent, could seek indemnification (or reimbursement) for its defense costs from its principal, namely the Sellers.

Next, the court considered another limitation on recovery of indemnification costs, which is when the agent's codefendant in the lawsuit is its principal.

Following the favorable ruling, the Brokerage filed a lawsuit seeking indemnification from the Sellers for the costs incurred in defending itself against the buyer's lawsuit.

Indemnification You agree to defend, indemnify and hold Jones Lang LaSalle harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Site.