Sentences with phrase «defended itself against claims from»

The more information you gather about the accident, and concerning the damage to your vehicle, the better you'll be able to present your claim to your auto insurance company, and the better they'll be able to defend you against any claims from the other driver.

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

Since the series debuted, Demos and Ricciardi have spent a fair amount of time defending their work against claims (from the likes of Kratz and others) that the documentary is unfairly skewed in Avery's favor.

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 tclaims, 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 tClaims»), 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.

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.

You agree to indemnify, defend and hold harmless to Leith Wheeler and all its directors, officers, employees harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by Leith Wheeler and related parties in connection with any claim arising out of your use of the website.

Such indemnity shall include payment from the Trust of the costs and expenses incurred by such Trustee Indemnified Party in defending itself against any claim or liability in its capacity as Trustee.

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 Atlantic Coca - Cola Bottling Company harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and / or use of this web site.

You agree to defend, indemnify and hold BEAM SUNTORY harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys» fees, arising from or related to your use of the Site.

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 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.

Reaction: Hodgson lionises England record - chaser Rooney (Euro 2016 qualifying) Report: Rooney sees off Slovenia to close on record (Euro 2016 qualifying) Reaction: Coleman foresees glory for conquering Wales (Euro 2016 qualifying) Report: Bale sinks Belgium to fire Welsh dreams (Euro 2016 qualifying) Reaction: Hodgson tells under - fire Sterling to toughen up (friendly) Report: England and Ireland draw a blank in Dublin (friendly) Reaction: De Gea uncertainty clouds Man United's horizon (Premier League) Report: Arsenal thwart Man United as De Gea departs (Premier League) Reaction: Liverpool prepare for life without «irreplaceable» Gerrard (Premier League) Reaction: Gerrard «devastated» after final Anfield game (Premier League) Report: Gerrard says farewell as Crystal Palace poop party (Premier League) Reaction: Arsenal manager Wenger irked by Swansea «accident» (Premier League) Report: Arsenal sunk by Fabiański and Gomis (Premier League) Reaction: Rodgers accuses Fàbregas as Liverpool's top - four bid fades (Premier League) Report: Chelsea close Champions League door on Liverpool (Premier League) Reaction: Mourinho steels Chelsea for challenges ahead (Premier League) Report: Hazard storms Palace to give Chelsea title (Premier League) Reaction: Mourinho feels the love despite Chelsea jibes (Premier League) Reaction: Arsenal «boring», not Chelsea — Mourinho (Premier League) Report: Arsenal stalemate delays Chelsea coronation (Premier League) Reaction: Fight for final places, Sherwood tells Villa (FA Cup) Report: Aston Villa end Gerrard's FA Cup dream (FA Cup) Reaction: Mourinho calls for caution as title beckons (Premier League) Report: Hazard fires clinical Chelsea closer to title (Premier League) Reaction: Van Gaal says Man United top dogs after derby romp (Premier League) Report: Man City blown away by Man United fightback (Premier League) Reaction: Hodgson urges Kane to build on perfect debut (Euro 2016 qualifying) Report: Rooney, Kane on target in England stroll (Euro 2016 qualifying) Reaction: Van Gaal beams after Man United storm Anfield (Premier League) Reaction: Gerrard sorry for red card against Man United (Premier League) Report: Gerrard off as Mata brace ends Liverpool run (Premier League) Reaction: PSG revel in Champions League breakthrough (Champions League) Report: Thiago Silva and 10 - man PSG claim Chelsea revenge (Champions League) Reaction: Wenger thrilled as Welbeck proves point (FA Cup) Report: Old boy Welbeck fells Man United in FA Cup (FA Cup) Reaction: Rodgers rues cost of Liverpool resurgence (FA Cup) Report: Blackburn intrude on Gerrard's FA Cup dream (FA Cup) Reaction: Wembley win leaves Mourinho feeling «like a kid» (Capital One Cup) Report: Clinical Chelsea earn Mourinho third League Cup (Capital One Cup) Reaction: Man City stirrings give Pellegrini Barça hope (Champions League) Report: Suárez scores brace as Barcelona down Man City (Champions League) Reaction: Rodgers plots Liverpool assault on top four (Premier League) Report: Coutinho rocket sinks seething Southampton (Premier League) Reaction: Van Gaal defends Man United's «long - ball» tactics (Premier League) Report: Blind late show rescues spluttering Man United (Premier League) Reaction: Pellegrini remains hopeful as Mourinho sulks (Premier League) Report: Silva keeps Man City on Chelsea's heels (Premier League) Reaction: Mourinho cries foul over Costa «stamp» claims (Capital One Cup) Report: Ivanović sinks Liverpool as Chelsea reach final (Capital One Cup) Reaction: Odds were against Man United — Van Gaal (FA Cup) Report: Minnows Cambridge hold Man United in FA Cup (FA Cup) Reaction: Rodgers buoyed by Sterling - inspired Liverpool (Capital One Cup) Report: Sterling slalom checks Chelsea in League Cup (Capital One Cup) Reaction: Arsenal masterclass sets standard, says Wenger (Premier League) Report: Cazorla stars as Arsenal stun Man City (Premier League) Reaction: Van Gaal defends methods after United defeat (Premier League) Report: Tadić strike punishes shot - shy Man United (Premier League) Report: Bloodied Skrtel earns Liverpool a point (Premier League) Reaction: In - form United «forcing luck», says Van Gaal (Premier League) Report: De Gea stars as United deepen Liverpool gloom (Premier League) Reaction: Liverpool will «fight» for return — Rodgers (Champions League) Report: Basel thwart Liverpool to reach last 16 (Champions League) Reaction: Van Persie rescued United, admits Van Gaal (Premier League) Report: Van Persie sends lacklustre Man United third (Premier League) Report: Agüero undoes Southampton as Man City go second (Premier League) Report: Stunning Agüero treble gives Man City hope (Champions League) Reaction: Hodgson dismayed by England fan chants (friendly) Report: Rooney at the double as England silence Scots (friendly) Report: Rooney, Welbeck inspire England fightback (Euro 2016 qualifying) Report: Tevez returns as Argentina overcome Croatia (friendly) Reaction: Man City have «crisis of confidence» — Pellegrini (Champions League) Report: Nine - man Man City left on brink by CSKA Moscow (Champions League) Reaction: Van Gaal says beaten Man United getting closer (Premier League) Report: Agüero gives City spoils against 10 - man United (Premier League) Reaction: Shocks are warning for England, says Hodgson (Euro 2016 qualifying) Report: Rooney on mark as England school San Marino (Euro 2016 qualifying) Reaction: Mourinho urges Chelsea to stay grounded (Premier League) Reaction: Wenger plays down Mourinho touchline spat (Premier League) Report: Hazard, Costa sink Arsenal in stormy derby (Premier League) Reaction: Pellegrini rues carelessness after Roma hold City (Champions League) Report: Totti makes history as Roma thwart Man City (Champions League) Reaction: Rodgers heartened by Liverpool resilience (Champions League) Reaction: Van Gaal wants more from match - winner Di María (Premier League) Report: Falcao debuts as Man United crush QPR (Premier League) Reaction: Hodgson hails Welbeck for biding his time (Euro 2016 qualifying) Report: Welbeck gives improved England winning start (Euro 2016 qualifying) Reaction: Angry Hodgson dismisses England statistics (friendly) Report: Rooney rescues England in turgid Norway win (friendly) Reaction: Wenger backs Sánchez to fill Giroud's shoes (Champions League) Reaction: Pellegrini gladdened by Jovetić display (Premier League) Report: Jovetić at the double as Man City sink Liverpool (Premier League) Reaction: Ancelotti predicts «new cycle» for Madrid (UEFA Super Cup) Report: Ronaldo still the boss as Madrid win Super Cup (UEFA Super Cup) Reaction: Wembley win sets tone for Arsenal — Wenger (Community Shield) Report: Vibrant Arsenal down Man City in Community Shield (Community Shield) Reaction: «Lethargic» Arsenal not ready yet — Wenger (Emirates Cup) Report: Falcao scores comeback goal to sink Arsenal (Emirates Cup) Reaction: Wenger enthused by Sanogo - Campbell double act (Emirates Cup) Report: Sanogo upstages Sánchez in Arsenal romp (Emirates Cup)

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.

You agree that to the fullest extent permitted by law you shall defend, indemnify and hold harmless Orlando Stroller Rentals, LLC from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys» fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), your use of this Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or this Website, provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or sole fault of Orlando Stroller Rentals, LLC.

Disclosures Founding Moms will not disclose any of your personal information to third parties without your permission except in the following circumstances: (i) to investigate and defend Founding Moms against any third party claims or allegations or otherwise to protect Founding Moms from liability, (ii) to investigate, prevent or take action regarding suspected or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process or comply with the law, (iv) to exercise or protect the rights, property or personal safety of the users of the Service and / or (v) to protect the security or integrity of the Service.

Ukip has also been forced to defend itself against claims they barred a candidate from standing as a candidate in a local election because he was disabled.

You agree to defend, indemnify and hold harmless AAAS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the AAAS Web site; (b) your violation of any term of these Terms of Use; (c) your violation of any third - party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party.

When the RECIPIENT is a for - profit organization, the RECIPIENT shall hold harmless, defend, and indemnify the U.S. Federal Government, the DONOR, The Regents of the University of California, the University of Missouri, the University of North Carolina at Chapel Hill, and The Jackson Laboratory against any claims, costs or other liabilities which may arise from the RECIPIENT's use, storage or disposal of the MATERIAL.

You agree to defend, indemnify and hold harmless Real Plans, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third - party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused damage to a third party.

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.

23.1 You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys» fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Int.

You accept defend, indemnify, and hold safe Sugar Daddy Dating Sites Review, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms.

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Internet Biz Conferences LTD and / or Ticonderoga Ventures, Inc. program, event or activity.

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Internet Business Conferences L - T - D and / or Ticonderoga Ventures, Inc. program, event or activity.

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Internt Business Conferences LTD and / or Ticonderoga Ventures, Inc. program, event or activity.

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Internet Business Conferences L.T.D. and / or Ticonderoga Ventures, Inc. program, event or activity.

Applicant agrees to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of applicant's participation in any Intnt.

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

Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to (1) prevent violation of the Terms of Use, or our other agreements; (2) take precautions against liability; (3) protect our rights, property, or safety, or those of a third party, any individual or the general public; (4) maintain and protect the security and integrity of our services or infrastructure; (5) protect ourselves and our services from fraudulent, abusive, or unlawful uses; (6) investigate and defend ourselves against third party claims or allegations; or (7) assist government regulatory agencies.

An Alabama principal who was fired from her Catholic school post for allegedly embezzling funds claims in a new federal lawsuit that she was instead retaliated against for defending Hispanic students.

You agree to defend, indemnify and hold harmless Global Educational Excellence and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

12.1 The User agrees to indemnify, defend and hold Auto & General, its partners, affiliates, contractors, officers, directors, employees and agents harmless against, all liabilities, damages and costs including attorney fees and costs payable to third parties arising out of a claim or dispute against Auto and General arising directly or indirectly from the User's acts and / or omissions to act in using the Services pursuant to the Terms.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold Amazon, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys» fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement.

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.

Your policy protects you from these risks, as well as from the costs of defending against a claim or lawsuit for something covered by the policy.

Liability on your Columbus, GA Renters Insurance policy is designed to protect you from having to pay the costs of damages you cause to others, as well as to defend you against their claim or suit.

11.1 By using our Site, you agree to defend, indemnify, and hold harmless Emergency Cash Limited from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Emergency Cash Limited may become obliged to pay, arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use.

Your Gaithersburg renters insurance carrier would not only pay that claim from the other insurance company, but also would defend you against the claim or suit if one arises.

Bethesda renters insurance will also cover the deductibles on the policies other tenants carried, as well as defend the negligent tenant who started the fire against the claims and lawsuits which will doubtless arise from this tragic MoCo apartment fire.

In addition to defending you against the myriad claims arising from an apartment fire, your Connecticut renters insurance will also pay for the claim.

Your policy protects you from this liability by defending you against those claims and paying those claims up to the policy limits.

If there is a loss that would be covered under Coverage E, the insurance company has a duty to defend you against the lawsuit or claim arising from the loss!

If Tammy had realized that she did need renters insurance, her insurance company would have defended her against the many claims and lawsuits that arose from the fire caused by her negligence, at no cost to her.

You need protection from the costs of defending against those claims.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.