Sentences with phrase «for breach of that agreement»

Ms. Clifford's initial deal has struck legal experts for its onerous terms, including its provision that she would be responsible for «liquidated damages» of $ 1 million for each breach of the agreement.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

In 2010, however, the CCSA filed a complaint for breach of that agreement and asked for specific performance, a permanent injunction, and other equitable relief to enforce its terms.

The complaint maintains that Tananbaum did not agree to the postponed dates and is now seeking damages for breach of the agreements, according to ArtNews.

Represented plaintiff in action against United States subsidiary of Hong Kong Shanghai Banking Corp. for breach of agreement to finance equipment leases negotiated by plaintiff.

(10) Nothing in this section affects any remedy available at law to the Minister for breach of the agreement.

If alimony was set through a separation agreement that allows for termination upon cohabitation, you may be able to stop paying and then raise cohabitation as a defense when your former spouse sues you for breach of the agreement.

Not exact matches

Cohl responded in January, accusing the company of breaching the terms of the agreement by making a play for the Stones» business, and of actively trying to undermine his relationship with the band, which is widely believed to be considering a 50th - anniversary tour for 2012.

Frayne countersued for breach of their nondisclosure agreement and trade dress infringement — patents for his products were still pending.

Some investors were pushing for Shop.ca to focus on profitability instead of scale, according to a former insider, who requested anonymity so as not to risk breaching a confidentiality agreement.

Companies need to back up policies and technology with contracts that spell out the penalties a business partner would incur for breaching any part of the agreement.

Verizon, which announced in July an agreement to buy Yahoo's core internet properties for $ 4.83 billion, said in a statement it was made aware of the breach within the last two days and had limited information about the matter.

The foregoing remedies shall not be deemed to be the exclusive remedy for any breach or violation of this Agreement, but shall instead be in addition to any and all other remedy or remedies to which Parent may be entitled at law or in equity.

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to thAgreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to thagreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

To the extent that we are unable to make payments under the Tax Receivable Agreement for any reason, such payments generally will be deferred and will accrue interest until paid; provided, however, that nonpayment for a specified period may constitute a material breach of a material obligation under the Tax Receivable Agreement and therefore accelerate payments due under the Tax Receivable Agreement.

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.

Takeover target Godfreys has warned of soft trading over the past few weeks, which would have caused it to technically breach a covenant, it has already received a waiver from, in a lending agreement with the 99 - year - old major shareholder who launched a cash bid for the company two weeks ago.

Daniels can be fined $ 1 million for each breach of the nondisclosure agreement, according to the terms of the contract.

The founder of the world's biggest cryptocurrency exchange is being sued by venture capital firm Sequoia Capital for reportedly breaching an exclusivity agreement.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

Seven of the accused parties quickly reached an agreement with the OFT that saw them accept liability in principle for a breach of competition law and pay fines totaling # 160m.

Under the Caltex franchise agreement, if a franchisee is terminated due to a breach of the franchise agreement (which can occur for wage underpayment as well as other reasons) the value of the business is returned to Caltex with the franchisee receiving only the value of any stock or other owned assets.

As many journalists and commentators have argued, agreements like the TPP have dubious benefits for citizens of the countries involved.ISDS provisions have been criticised by U.S. Constitutional lawyer Lori Wallach for «empowering corporations to sue governments — outside their domestic court systems — over any action the corporations believe undermines their expected future profits or rights under the pact by reporting breaches, removing online content and even denying access to Internet users».

Although a clause in their agreement noted this stipulation, Helen refused to reduce the pregnancy, and sued the couple for breach of contract.

The court said his action was in breach of Article 75 of the constitution which required that all international agreements be brought before parliament for ratification.

Once, the Attorney General has stated that Government of Ghana has breached the Agreement, Ameri can simply move the equipment to another country and sue the Government of Ghana for damages.

However a witness who, for example, is induced to make disclosures in breach of a confidentiality agreement enjoys no such protection.

However, if the scenario were to play out in which both politicians are found to have broken rules, I suspect that we would see a «gentlemen's agreement» between both Labour and Conservative parties not to make political capital out of either case - whereas if either Mrs Spelman or Mr Brown were found to have breached rules as an isolated news story, there would be calls for sackings, resignations etc..

But Akinjide's lawyer, Ayorinde, and the counsel for the second defendant, Mr. Michael Lana, accused Oyedepo of breach of agreement.

If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.

July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.

INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless «Passions Network», its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys» fees) relating to or arising out of your use of the «Passions Network» service, including any breach by you of the terms of this Agreement.

If the determination of ineligibility was the only reason for setting aside the deferred prosecution agreement and issuing the administrative complaint and the administrative proceedings result in a finding that the determination was erroneous, the complaint shall be dismissed and the deferred prosecution agreement reinstated without prejudice to the commissioner's right to reissue the administrative complaint for other breaches of the agreement.

Authors basically can not terminate the license unless Dymocks is proven to be in breach of the agreement, which would be difficult for an author to prove, as the agreement does not put much obligation on Dymocks to do specific things.

If you are not in breach of your obligations under this Agreement, for each Printed Books & Digital Books sold to a customer through the Program, A&A Printing will pay you the applicable Royalty of 80 % of your list price, net of refunds, bad debt, and any sales or other taxes or fees charged to a customer or applied with respect to sales to a customer.

Also, how claims for breach of contract will be handled need to be part of that agreement.

The agreement was terminated some time ago under just cause due to a breach of contract, with DMI granted a sell - off period for any remaining stock.

And if my word isn't enough, then consider this little fact so you know who you are dealing with: Rebecca Hamilton had her Amazon KDP account terminated for repeated breaches of the exclusivity agreement (meaning she was enrolled in KDP Select and publishing that same content elsewhere).

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

The lawsuit alleges that the insurers breached two «all risk» New York property insurance policies, and an Agreement for Interim Payment under which the insurers made a non-refundable interim payment of $ 28 million to Lazare Kaplan in January of this year.

The loan agreement provided by the lender is the go - to document for what should take place with a loan, and the protections borrowers have against any breach of that agreement by a lender.

WAG agrees to indemnify DAW and Nyer for its breach of the WAG Agreement for a period of 12 months, except in certain circumstances set forth in the WAG Agreement, and its indemnification obligations are for an unlimited amount.

The plaintiffs seek more than $ 20 million for fraud, breach of the franchise agreement, and negligence as well as punitive damages and attorney's fees.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

In the event that you do not have such authority, you agree that you will be personally liable to Cannon Beach Photo for any breaches of the terms of this Agreement.

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Earlier we found out, through the breach of a non-disclosure agreement, that the game would be called Mass Effect: Jacob's Story and would center around some guy named, wait for it, Jacob, and would be an integral part of the Mass Effect universe.