Sentences with phrase «damages clause which»

Not exact matches

Mr Oppong - Damoah said there were clauses in the existing agreement which made it difficult to abrogate else the country will be liable to the payment of damages as enshrined in the contract.

(c) In the event the aircraft is lost or damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft at the time of such loss or damage, which value may be specifically agreed to in clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircraft.

Termination clauses will in almost all cases significantly limit damages to which an employee is entitled.

The court concluded that the liquidated damages of S$ 1 million was a genuine pre-estimate of the damages which the medical centre could suffer if Dr Ng breached the restraint of trade clause, as the amount payable reflected the expertise and goodwill he possessed in the field of aesthetic medicine.

Sellers argued that, on the facts, the damages scheme in the Default Clause should have been overridden by the application of certain common law principles for the assessment of damages, which would have led to the conclusion that Buyers had suffered no loss.

If you are dealing with a dispute between an individual and his / her firm, or between two warring groups within a firm, it can be hugely damaging to rush off to court, particularly where there is no arbitration clause, which would allow parties to keep their dirty linen out of the public eye.

The motion judge found that this exclusion clause was «clear and unambiguous» and that it excluded «both damage to the «work» which forms the subject matter of the contract, as well as damages resulting from the faulty workmanship related to the work».

This decision extended the ruling in a 2012 decision, Bowes v Goss Power Corp. which had held that where an indefinite hire contract contained a termination notice clause allowing for termination on «6 months» notice or pay in lieu» and the employer terminated without working notice, there was no duty to mitigate damages or deduction for mitigation earnings.

It was held that the clause did cover damage resulting from negligence, since the only way in which the defendant could be liable under this contract is through some form of negligence.

The defendant argued that there was a relevant exclusion clause in the contract between the claimant and the defendant, which stipulated that «The maximum amount allowed for lost or damaged articles is twenty times the charge made for laundering.»

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

Will a limit of liability clause that prevents recovery of damages for a wrongful termination of an agreement be a ground for granting an injunction to prevent the irreparable harm associated with the breach for which full damages can not be recovered?

Establishes a hard cap of $ 500,000 on noneconomic damages in medical liability cases (the $ 500,000 cap that was passed during a special session in 2002 contained an escalator clause which would have raised the cap to $ 750,000 in 2011 and $ 1 million in 2017).

The type of clause which is more dangerous, however understandable in ethos, would be a typical inclusion of a very high fixed damages amount for breach of a confidentiality agreement.

Instead, contracts typically have an indemnity clause, which states that the client must protect you by covering your legal costs and whatever damages you are assessed, if their wrongful act lands you in trouble.

Third party insurance is a mandatory clause in the motor insurance policy which compensates damages to the other party vehicle but comprehensive insurance policy covers risk to your own vehicle including damage to the other party vehicle and property.

After dealing with such issues in the past I have written into my lease a clause stating the hourly rate that the tenant pays for damage for which they are responsible.

In your contract you can include a penalty clause which provides liquidated damages for each day that the project runs over the schedule.

Tenants may seek to alter damage and destruction clauses, look more closely at what constitutes «normal conduct of business» and interruptions in business, and demand specific security measures, according to a report from Julien J. Studley Inc., which specializes in tenant representation.

Many purchase contracts, especially those used in states such as California, contain a liquidated damages clause, which states the seller is only entitled to the earnest money deposit up to a certain percentage of the sales price.