Sentences with phrase «damage liability applies»

Not exact matches

But the Supreme Court has directed the lower federal courts to apply qualified immunity broadly, to protect from civil liability for damages all officers except «the plainly incompetent or those who knowingly violate the law.»»

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, or negligence, or tort, or strict liability, or any other basis, even if we have been advised of or should have known of the possibility of such losses and / or damages, and without regard to the success or effectiveness of other remedies.

THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO (i) USE OF, OR INABILITY TO USE, CTK OR (ii) THE CRYPTYK INC..

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

This is a comprehensive limitation of liability that applies to all damages of any kind.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BECAUSE SOME JURISDITIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Bodily injury or property damage caused by actual negligence of a child 13 or older can be paid for by liability, and of course the defense coverage applies.

• Mortgage Payment on the destroyed residence located in a PDMDA excluded from the borrower's liabilities IF borrower obtains information that the Borrower is working with the servicing Mortgagee to appropriately address their mortgage obligation; and apply any property insurance proceeds to the Mortgage of the damaged house.

If someone sues you or a family member you live with (for injuries or damage to their property), personal liability coverage applies.

For instance, if you see something like 50 / 100/50 as applied to drivers in Alaska, it can be interpreted as; $ 50,000 for Bodily Injury Liability Per Person, $ 100,000 for Bodily Injury Liability Per Accident and $ 50,000 for Property Damage Liability Per Accident.

Homeowner's policies provide personal liability coverage that applies to non-auto accidents on and off your property if the injury or damage is cased by you, a member of your family, or your pet.

Outside the rented premises, of course, the liability coverage applies to any bodily injury or property damage that you cause.

Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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).

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

The foregoing limitations of liability shall apply for any claims for damages, irrespective of their legal basis including claims arising from tort.

Because some states / jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Article 10 (2) permits an exclusion of liability in only one circumstance, and this applies to «persons who voluntarily entered the vehicle which caused the damage or injury when the body [ie, the MIB] can prove that they knew it was uninsured».

In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage».

A deductible that applies to the total of all claim, applies to the payment of damages only, a deductible that is waived if there is a ruling of no liability.

«Liability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy).

Since the Court did not apply the principle of joint and several liability of the defendants (the ability to recover all the damages from any of the defendants regardless of their individual share of the liability), Robinson will have to collect his award from his opponents one by one under proportionate liability.

The Supreme Court confirmed The CMA Djakarta and held that Article 2 (1)(a) of the 1976 Limitation Convention which limits liability for loss or damage «occurring on board or in direct connexion with the operation of the ship», did not apply to loss or damage to the vessel itself.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.

When blasting results in direct damages or injuries, meaning injuries caused by debris, explosives, etc., a strict liability standard applies.

It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury oLiability Act or state law governing product liability actions in effect at the time of the injury oliability actions in effect at the time of the injury or damage.

When pursuing a claim for damages against a tour operator, the question of liability is decided with reference to local standards, rather than those that apply in the UK.

The bill, which Tabuns drafted with advice from Greenpeace Canada and the West Coast Environmental Law Association, takes the framework of tobacco industry liability legislation and applies it to climate change damage.

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

From a liability perspective, it is possible for the heirs, or a third party claimant, to apply to the UAE courts to challenge the actions of an attorney and claim damages for any loss suffered as result of any particular transaction performed pursuant to the deceased owner's power of attorney.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Whilst compliance with the requirements of the charity regulators and avoidance of reputational damage are crucial issues, third sector organisations should also always bear in mind that general employment law still applies to their employees and any disciplinary process should always be carried out carefully avoiding «knee jerk» reactions which could give rise to legal liabilities such as unfair dismissal.

As to the severity of the penalty, the Consob Sanction Office and Consob Board shall take into account several factors when respectively proposing and applying sanctions, including: the severity and duration of the breach, the degree of liability of the offender, the financial capacity of the offender, the profits gained or losses avoided by the offender, the damage caused to third parties, the level of cooperation of the offender with Consob and previous breaches of securities law by the offender after the breach itself, in order to avoid its repetition in the future.

Because liability insurance applies to Third Party cases, that means there could be more money available to cover your damages.

The consequences of any valid limitation of liability are then applied to knock out some forms of damage.

Procedurally, the determination that collateral estoppel applies would usually be made on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining causation and damages, rather than as an evidentiary matter.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

Discount is typically applied to bodily injury liability, PIP, property damage liability and collision premiums.