Sentences with phrase «equitable claims including»

Not exact matches

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then iINCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then iincluding, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Developing nations that make commitments based upon funding from developed nations should be required to explain the equity framework that led to the claim for the contribution.In this regard claims of ecological debt should include explanation of the equity framework on which the equitable debt claim is based.

However, it says that it «reserves its legal and equitable rights in electronic files it creates and maintains, including without limitation, the right to claim copyright in any copyrightable materials, electronic files, data, source code and / or anything in addition to the statutory text and numbering in the content of the site (s).»

equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and

This seminar, given by Dov Ohrenstein, addresed the issues concerning Limitation Periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific performance.

Depending on the facts of your case and the terms of your contract, our business lawyers can pursue claims for monetary damages and equitable relief, including compensatory damages, liquidated damages, specific performance, rescission, and attorneys» fees and costs.

It covers a wide range of considerations, including: the date the BIT enters into force; the timing of the alleged breach; whether there is an identifiable investor; whether there is an identifiable investment; fair and equitable treatment; expropriation; breach of the obligation to provide full protection and security, most - favoured nation provisions and their implications; «umbrella clauses» and their implications; whether there are explicitly incorporated procedural requirements to be followed; whether there is sufficient evidence to make out a prima facie case of breach of a BIT; the value of the claim; and «just and equitable» damages.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on - the - job injury, or even pursing a claim against a third party who caused and / or contributed to your workplace injury, the Columbia, workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the SC workers compensation claims process, including initial hearings and appellate proceedings.

However, Canadian courts have been willing to use their equitable discretion to include unsecured creditors with a de minimis legal basis to bring an oppression claim.

Prevailed in a trial in the U.S. District Court for the Eastern District of New York on behalf of a company that provides licensure and educational services to financial institutions against allegations, including breach of contract, breach of fiduciary and equitable claims, initiated by a sales and marketing company after termination of the relationship for poor performance

Common substantive obligations (breach of which may give rise to an ISDS claim) include: fair and equitable treatment of the investment, full protection and security, most favoured nation treatment and protection against nationalisation of investment assets.

The foregoing provisions of this Section 13 will not apply to any legal action taken by Gigaom to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and / or Gigaom's intellectual property rights (including such Gigaom may claim that may be in dispute), Gigaom's operations, and / or Gigaom's products or services.

The term «Dispute» means any dispute, claim, or controversy between you and TopResume regarding any aspect of your relationship with TopResume, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below).

Complete handling of complex losses, including investigate, evaluate, and negotiate property claims in order to reach a fair and equitable settlement.