Sentences with phrase «from breach of»

If you register as an Real Estate Professional User, you represent, warrant, and agree that: (1) you are a licensed real estate broker, or licensed real estate agent, and if you are an agent user of the Elm Street Website, you have the permission of your managing broker to register as a Elm Street Real Estate Professional User; (2) you are a member, subscriber or participant in good standing of the Multiple Listing Service that supplies the real estate data and images displayed to you on the Elm Street Website («MLS»); (3) you will terminate your account status if, at any time, you are no longer a licensed real estate broker, or licensed real estate agent, and therefore, are no longer eligible to be a member, subscriber, or participant in good standing of the MLS; (4) you authorize Elm Street to send you emails relating to the Elm Street Website and your Elm Street account; and (5) you will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney» s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.

You will defend, indemnify and hold harmless Elm Street, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney's fees, and litigation costs and expenses arising from your breach of the representations, warranties, duties and obligations made or assumed by you in this Agreement.

What if you are struggling with your partner / spouse to enjoy each other's company, to feel connected, or to heal from some breach of trust?

You must indemnify Relationships Australia (NSW) Limited and the hosts, operators, developers of and contributors to this Site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor - client basis) or losses that may be made against or sustained by any of them arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.

This book helps the reader explore whether or not the partner is having an emotional affair and then offers steps to discovering the roots of the problem, making changes in the relationship, discussing the issue with the cheating partner, and recovering from the breach of trust and intimacy caused by the affair.

You must indemnify Relationships Australia (WA) and the hosts, operators, developers of and contributors to this Site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor - client basis) or losses that may be made against or sustained by any of them arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.

You will indemnify and hold Career Tips To Go, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors and contractors («the Indemnified Parties») harmless from any breach of these Terms of Use by you, including any use of Content other that as expressly authorized in these Terms of Use.

You agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and / or from your placement or transmission of any content onto Provider's servers, and / or from any and all use of your account.

Indemnity You will indemnify and hold Term Life Insurance By Jeff, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the «Indemnified Parties») harmless from any breach of these Terms and Conditions of Use by you, including any use of content other than as expressly authorized in these Terms and Conditions of Use.

Indemnity You will indemnify and hold Rootfin, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the «Indemnified Parties») harmless from any breach of these Terms and Conditions of Use by you, including any use of content other than as expressly authorized in these Terms and Conditions of Use.

Acting in long running SDT proceeding involving multi handed alleged offences ranging from breach of referral code to mortgage fraud.

In Edwards the majority held that, in the absence of a contrary intention between the parties, the reasoning in Johnson and Eastwood and another v Magnox Electric plc [2004] UKHL 35, [2004] 3 All ER 991 bars a dismissed employee from recovering damages at common law for losses arising from a breach of his contractually prescribed disciplinary process in the steps leading to dismissal.

Assumed the lead trial counsel role defending a Fortune 500 financial services company in a lawsuit pending in federal court in South Carolina, seeking $ 103 million in damages allegedly flowing from a breach of contract.

We believe it would be insufficient to attend only to individuals» privacy «rights» since some of the harms that could result from a breach of privacy, such as stigmatization, and discrimination in employment or insurance, may not be tied directly to an individuals» «rights,» but would have a significant impact on their welfare.

The allegations in the Statement of Claim brought by JG (apparently wrongful termination arising from breach of confidence and defamation) may not be covered by the grievance procedure in his collective agreement; hence the law firm may be justified in pursuing a separate action and well within the «limits of legality».

Since its inception in 2015, the project has been highly successful in Nashville, handling more than 130 cases ranging from breach of contract to copyright infringement to e-discovery in business settings.

The interpretation of the contract had been conceded, which allowed the court to determine whether the right to a mandatory order flowed from the breach of contract.

You agree to indemnify Equal Justice Works and its partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Web site.

On the other hand, if such damage is loss flowing from a breach of another implied term of the contract, Addis's case does not stand in the way.

«Another type of claim that may be carved out from the LOL are claims resulting from the breach of the agreement's confidentiality provisions, especially when one or both of the parties is giving the other party access to highly confidential information, the release of which would cause the party serious damage by compromising its competitive advantage.

Since 2008 a claim for a breach of the Ontario Human Rights Code («Code») can be advanced as a civil cause of action if the pleading discloses a reasonable cause of action that does not arise solely from a breach of the Code.

In proving causation, the attorney must show that the injury that resulted from the breach of duty was caused by the act.

Acted for a joint venture partner involved in the design and development of a condominium project in a claim arising from a breach of fiduciary duty and the joint venture agreement by the managing joint venture partner

Given this ambiguity, it is beneficial to insured persons to know that they may have an alternate option to litigate their claim for damages arising from breach of contract.

Meaning, they can be held liable for paying damages that result from this breach of care.

representing a national airline in bankruptcy litigation arising from the breach of a complex joint venture agreement;

The Court of Appeal considered whether the driver should be excused from her breach of the policy.

Mr. LeVeque regularly counsels businesses and individuals in complex commercial and trust and estate disputes ranging from breach of contract and fiduciary claims to fraud and embezzlement.

The Chief Justice of the Manitoba Court of Appeal indicated that civil disobedience is (1) always peaceful; (2) engaged in by persons who must be prepared to accept the penalty arising from the breach of the law; and (3) performed for the purpose of exposing the law to be immoral or unconstitutional, in the hope that it will be repealed or changed (McGrady at 10, quoting Chief Justice Samuel Freedman's speech «Challenges to the rule of law», 14 January 1971, Empire Club, Toronto, Ontario).

Emotional Distress — distressed or harm resulting from libel, slander, or defamation of character, from breach of certain kinds of warranties, or outrageous conduct.

Estimated past and future loss of business and employment income arising from breach of contract and fiduciary duty, defective equipment and supplies, human - rights violation, medical malpractice, personal injury, pollution, wrongful death (survivors» losses), and wrongful dismissal — and related contingencies and allowances.

We have successfully represented business owners in disputes ranging from breach of contract cases to violations of international joint venture agreements.

His cases range from breach of contract to construction delay claims against the State of Texas.

Many of his cases arise from breach of contract, copyright and trademark infringement, right of publicity, false advertising, intermediary liability (DMCA and CDA § 230), privacy, defamation, IP licensing and chain of title matters.

Inadequate security issues arise from a breach of duty to provide safety to clients and personnel.

Warranty and indemnity Insurance covers losses arising from breach of a warranty (or in certain cases under an indemnity) given in connection with an M&A transaction thus facilitating... Continue reading

It fell within that rule because it was damage of a kind which the charterer, when he made the contract, ought to have realised was not unlikely to result from a breach of contract by delay in redelivery.

Successfully defended investment banking firm from breach of contract and gender discrimination claims.

Maryann focuses her practice on the oil and gas industries, litigating various issues arising from breach of contract disputes and defending against personal injury claims.

She has successfully represented clients in connection with claims ranging from breach of commercial and real estate contracts and breaches of fiduciary duty to securities violations; libel and defamation; trademark and copyright infringement; and breaches of employment, non-compete, and non-solicitation agreement.

If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).

Broadly speaking, the claim can be brought for all of the losses that naturally flow from the breach of contract.

If the theoretical underpinning is that consequential damages result from a breach of fiduciary duty, then fees as damages are extended to a new frontier, and the American Rule is further diluted.

Because Users license, the Content to Youtube, Youtube is entitled to recover loss of income from your breach of contract, including loss of advertising revenue, and possibly even punitive damages.

In a jurisdiction where «fruit of the poisoned tree» does apply, then any evidence from breach of privilege would be inadmissable.

Generally, the starting point is six years from the breach of contract.

It is well - settled that when a contractual term provides for liquidated damages payable in the event of a breach, this term is enforceable only to the extent that the liquidated damages are a genuine pre-estimate of the loss flowing from that breach of contract.4 Where parties stipulate in a contract the sum to be paid in the event of a breach, the contract sum is enforceable if it is a genuine pre-estimate of loss but not if it constitutes a penalty.

For contract claims, the period is six years from the breach of contract.

Is it circumvention (as distinct from breach of copyright) for the person with access to copy the defamatory text and share it with the person defamed?

With regard to the question of unlawfulness, the Oberster Gerichtshof has held that, in accordance with the academic writings relating to the protective purpose of the provision, the act of causing pecuniary loss entails an obligation to provide compensation only if the unlawfulness of the loss stems from a breach of contractual obligations, a breach of absolute rights or a breach of protective provisions.