Sentences with phrase «damage limit under»

Not exact matches

But the Cambridge Analytica crisis strikes at the heart of Facebook's data - mining business model and involves factors not entirely under his control, limiting the value of his past experience at damage control.

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.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE USTA FAMILY OF COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY USTA FAMILY OF COMPANIES SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE USTA FAMILY OF COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Examples of (but not exhaustive or limited to) unacceptable behaviour are as follows: 8.1 Foul and abusive language 8.2 Attempting to conceal or consume alcohol 8.3 Being under the influence of alcohol or illegal substances 8.4 Smoking 8.5 Any acts liable or likely to cause damage 8.6 Threatening, disrespectful or violent behaviour 8.7 Theft of Club property 8.8 Not following the instructions of a Club steward 8.9 Entering prohibited areas

Under no circumstances, including but not limited to negligence, will Sports Camps Canada be liable for special or consequential damages that result from the use or inability to use the materials in this Site.

«We then showed that this slower energy dissipation process is active in wild - type plants under stress conditions, such as cold and high light, and that it limits oxidative damage to lipids.

Though the research is currently limited to animals only, scientists have been able to significantly increase muscle building when muscles have been placed under loaded stretches - presumably by creating additional muscle damage and by stimulating the same gene pathways switched on by the tension of muscle contraction.

Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.

Under the Montreal Convention, an international agreement that sets liability limits for international air transportation, airlines are liable for damages caused by lost, damaged or delayed baggage up to a 1,131 Special Drawing Rights (SDRs) per passenger, an amount that is currently the equivalent of just over $ 1,800 in U.S. currency.

The U.S. Department of Transportation (DOT) today fined the Dubai - based airline Emirates $ 100,000 for limiting compensation for lost, damaged, and delayed baggage to less than consumers were entitled under an international treaty.

Therefore, any damage caused by the bedliner is not covered under the terms of the New Vehicle Limited Warranty.

Repairs to correct damage caused by such applications are not covered under your New Vehicle Limited Warranty.

LIMITATIONS OF IMPLIED WARRANTY: All Implied Warranties which may arise under state law, including all Implied Warranties of Merchantability or Fitness for a particular purpose, are limited to the duration of this Warranty and do not cover incidental or consequential damages.

Velocity Micro's Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from damage:

If the other driver's injuries and / or property damage exceed your policy limits, he can file a claim against his own under - insured motorist coverage to pay what your policy will not cover.

This type of loss could be paid under your liability coverage if it was above the damage to property of others limit.

Under no circumstances may Desjardins Online Brokerage, Desjardins Securities Inc. and its suppliers be held responsible, in any manner whatsoever, either by the User or a third party, for direct or indirect, special, punitive, consequential or incidental damages, including interest, notably, and without limiting the generality of the following, any loss of revenue or any loss of prospective economic advantage, due to the interruption of the Internet Services or an increase in operating costs, or any other damage or all other loss, costs or fees or damages stemming from any cause whatsoever, even if Desjardins Online Brokerage, Desjardins Securities Inc., and its suppliers have been informed about the possibility of such damages, including interest, costs or fees.

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HILTON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE HILTON HONORS PROGRAM OR ANY SUCH OTHER PRODUCTS AND SERVICES, EVEN IF A HILTON HONORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will Freddie Mac be liable for any damages arising out of or related to the data, including, but not limited to direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort, or any other theory of liability, even if Freddie Mac is aware of the possibility of such damages.

(5) The relief requested by the consolidated group of claimants shall be limited to monetary damages equal to the net liquidating value of each individual claimant's account (s) as of the close of business on the day of the bankruptcy, but may also include a request for interest, costs and fees where appropriate under the Code;

You understand that to the extent permitted under applicable law, in no event will PROPERTY INVESTMENT SINGAPORE BLOG's owners, affiliated partners, agents, licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised or, knew of or should have known of the possibility of such damages), resulting from your use of this website and / or services.

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.

Any liability in respect of death and personal injury and loss of and damage to luggage which we may incur to you shall always be subject to the limits of liability contained in the Athens Convention or EU Regulation 392/2009 for death / personal injury of 46,666 Special Drawing Rights (SDR) or 300,000 SDR under Athens Convention or 400,000 SDRs under EU Regulation 392/2009 except in the case of liability for war or terrorism 250,000 SDRs.

UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

In the event of a cancellation of a Reward Booking under clause 2.12 within 24 hours of your scheduled date of travel, you shall be liable to pay VAA the full published fare applicable in addition to any costs and damages, including but not limited to legal costs, reasonably incurred or suffered by us or any applicable Participating Company as a result thereof.

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.

Under no circumstances, including, but not limited to negligence, shall the World Tourism Organization or its affiliates be liable for any direct, indirect, incidental, special or consequential damages, even if the World Tourism Organization has been advised of the possibility of such damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HILTON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE HILTON HONORS PROGRAM OR ANY SUCH OTHER PRODUCTS AND SERVICES, EVEN IF A HILTON HONORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

The results from the study suggest that critical impact asymmetries due to both climate and socio - economic structures may deepen current production and consumption gaps between developed and developing world; it is suggested that adaptation of agricultural techniques will be central to limit potential damages under climate change.

«It seems clear to me that the administration will do what they can to limit the damage of an endangerment finding under the Clean Air Act,» he said, pointing to Obama's recent comments at a press conference that concerns about impacts on consumers should be taken into account in cutting emissions.

Are you aware that all nations have a duty under customary international law to prevent harm by ensuring that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction?

As we shall see, these countries, among others, have continued to negotiate as if: (a) they only need to commit to reduce their greenhouse gas emission if other nations commit to do so, in other words that their national interests limit their international obligations, (b) any emissions reductions commitments can be determined and calculated without regard to what is each nation's fair share of safe global emissions, (c) large emitting nations have no duty to compensate people or nations that are vulnerable to climate change for climate change damages or reasonable adaptation responses, and (d) they often justify their own failure to actually reduce emissions to their fair share of safe global emissions on the inability to of the international community to reach an adequate solution under the United Nations Framework Convention on Climate Change.

The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the statutory cap on damage awards arising out of charitable activities under G.L. c. 231, § 85K.

These claims tend to involve significant damages which often approach or exceed the available limits under the primary LAWPRO policy.

Pain and suffering is also included under general damages, but there are limits to this type of compensation.

Under Florida law, the demand for retraction was a prerequisite for filing a libel action, and permits defendants to limit their potential liability to actual damages by complying with the demand.

** The plaintiff had chosen to commence her claim under a simplified procedure in which damages are limited to $ 100,000.

Damages 10 If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate Relief under this Act is in addition to other available relief 11 Nothing in this Act limits or restricts the rights available to a plaintiff of defendant under any Act or any rule of anyDamages 10 If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate Relief under this Act is in addition to other available relief 11 Nothing in this Act limits or restricts the rights available to a plaintiff of defendant under any Act or any rule of anydamages as the judge considers appropriate Relief under this Act is in addition to other available relief 11 Nothing in this Act limits or restricts the rights available to a plaintiff of defendant under any Act or any rule of any court.

Punitive damages are awarded in very limited cases, under very limited circumstances.

In a 8 - 0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's «total profits» from the article of manufacture that contains the patented design, which may only be one component of a commercial product, rather than...

If the other driver was over the legal limit — 0 percent for drivers under 21 years,.08 percent for drivers over 21, and.04 percent for commercial drivers — then this may also be evidence of recklessness, or gross negligence, and can support you in asking for punitive damages.

Any caps or limits on recovery under state law (e.g. no non-economic damages for uninsured motorists).

In a 8 - 0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's «total profits» from the article of manufacture that contains the patented design, which may only be one component of a commercial product, rather than the entire product.

While this decision does not affect design patent damages based on the patent owner's lost profits or a reasonable royalty, it is likely to limit the desirability of seeking the infringer's profits under 35 U.S.C. § 289 in some cases, primarily those involving designs on portions of products.

There may also be limited times where ICBC will include a portion of such a claim under the general damages heading.

Professional Liability Insurance covers bodily injury, property damage, or economic damages; covers damages resulting from the company's professional service; with liability limit that covers defense and indemnity payments; typically on a «claims - made» basis; doesn't allow Additional Insureds; and can't be scheduled under an Umbrella Liability Policy.