Sentences with phrase «if notice of the breach»

Some instances of breach may support the latter kind of prosecution, even if notice of the breach has been given to affected individuals.

Not exact matches

Companies who have experienced a breach may be required legally to provide notice of the incident and if there isn't a proper plan in place they could land themselves in more legal trouble.

The agency has a two - year window under current legislation to investigate these breaches and, if needed, take enforcement action such as issuing notices of violation, with or without monetary penalty, she added.

If you are one of the 2.4 million new victims of the Equifax data breach, you'll receive a notice via U.S. Postal Mail.

Kraft Foodservice may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement.

MomLifeTV may terminate or suspend any and all Services and your MomLifeTV account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use.

We reserve the right to terminate your account or your access to our Online Courses immediately, with or without notice to you, and without liability to you, if We believe that you have breached any of the terms of this Agreement, furnished Us with false or misleading information, or interfered with use of Our Website or the Online Courses by others.

(a) If ELITESINGLES suspects that the content may be in breach of these terms and conditions, give you notice of the complaint and allow you a reasonable period to rectify your content before deleting the content; or

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice.

We reserve the right to immediately terminate or restrict your account or your use of the Tubi Services or access to Content at any time, without notice or liability, if Tubi determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you.

Every person in the school should understand their role in maintaining security, whether this is the importance of ensuring any access points are kept secure, or what they are expected to do if they notice a possible breach, e.g. procedure if seeing an unknown person.

Notwithstanding the foregoing, eLearning Industry can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from eLearning Industry's notice to you thereof; provided that, eLearning Industry can terminate the Website immediately as part of a general shut down of our Services.

If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.

(a) is in material breach of its obligations hereunder and such breach is incapable of remedy or is not remedied (if capable of remedy) within thirty (30) days of receipt of written notice specifying the breach and requiring it to be remedied;

Hotel Name 1 may at any time and without notice terminate or restrict a person \'s ability to submit a claim under or otherwise benefit from the Best Price Guarantee, if in its sole discretion Hotel Name 1 determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Price Guarantee claims; (4) failed to stay at Hotel Name 1 Hotels after receiving approved Best Price Guarantee Claims; or (5) breached any of these BPG Terms.

The Minister may by notice in writing give a licensee three months to comply with any term or condition of the license which has been breached, and if the licensee fails to comply within the time specified.

If you breach any of these conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you.

Starwood may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion Starwood determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at Starwood Hotels after receiving approved Best Rate Guarantee Claims; or (5) breached any of these BRG Terms.

MGM Resorts International may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion MGM Resorts determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner; (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at an MGM Resorts destination after receiving approved Best Rate Guarantee claims; or (5) breached any of these Best Rate Guarantee terms.

If the employer dismisses the employee without giving the statutory (or contractual) minimum notice, the employer could be sued for breach of contract or «wrongful dismissal».

The amendments and regulations have provisions requiring organizations to keep records of all privacy breaches, including information that allows the Privacy Commissioner to determine if the organization properly considered the notice threshold tests.

If this happens, then the Claimant can return to the court to ask for a Penal Notice i.e. as a specific court order has been breached, then a representative of the Defendant risks prison.

If you have a contract and can not reach an amicable solution quickly, you may need to send a Breach of Contract Notice.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

If it was not made against the insured during the policy period, then the insurer can disclaim coverage for that reason alone, regardless of when the insured gave notice.1 If the claim was made during the policy period but the insured gave notice after the expiration of the requisite time frame for notice under the policy, then the ability to disclaim coverage will turn on whether the notice provisions are conditions precedent or covenants.2 This principle applies regardless of whether the policy is a claims - made or a claims - made - and - reported and reported.3 If the notice provisions are covenants, then late notice constitutes a breach of the policy by the insured, triggering application of Md..

Someone typically doesn't enter into a contract with the intent to breach; unfortunately, you might need a Breach of Contract Notice if those carefully laid plans don't worbreach; unfortunately, you might need a Breach of Contract Notice if those carefully laid plans don't worBreach of Contract Notice if those carefully laid plans don't work out.

If it's not, providing notice of a breach can be an important first step in protecting your legal rights moving forward.

Further, no Section 21 Notice can be given by the landlord if a condition of the dwelling house or its common parts render the landlord in breach of any legislation regarding the same.

Wrongful dismissal cases often involve disputes as to whether the employee's entitlement to notice of dismissal is limited to that set out in the termination clause or if the former employee is entitled to significantly greater entitlements because the termination clause has breached the ESA and therefore the employee is entitled to reasonable notice of dismissal.

However, a breach of contract only occurs if the employer fails to provide the employee with proper notice of the dismissal.

For a long time, Canadian courts did not recognize damages for mental anguish, as it was not something that could be claimed under breach of contract, especially if due notice was given in employment cases.

«This agreement may be terminated: (a) by either licensor or Artpower with immediate effect if the other commits a material breach of any term of this agreement which... shall not have been remedied within... [30] working days of the receipt by the other [half] of a written notice identifying the breach and requiring its remedy... (b)... (c) by Artpower upon notice with immediate effect if:... [emphasis added].»

(2) If an employer bound by a collective agreement is or will be laying off an employee for a period that will or may be longer than a temporary lay - off and the employer would be or might be in breach of the collective agreement if the employer advised the employee that his or her employment was to be terminated, the employer may provide the employee with a written notice of indefinite lay - off and the employer shall be deemed as of the date on which that notice was given to have provided the employee with a notice of terminatioIf an employer bound by a collective agreement is or will be laying off an employee for a period that will or may be longer than a temporary lay - off and the employer would be or might be in breach of the collective agreement if the employer advised the employee that his or her employment was to be terminated, the employer may provide the employee with a written notice of indefinite lay - off and the employer shall be deemed as of the date on which that notice was given to have provided the employee with a notice of terminatioif the employer advised the employee that his or her employment was to be terminated, the employer may provide the employee with a written notice of indefinite lay - off and the employer shall be deemed as of the date on which that notice was given to have provided the employee with a notice of termination.

He also said there was a «strong case» to suggest that, even if fundamental breaches had occurred, they were capable of remedy and therefore should have been the subject of a notice to remedy rather than an immediate termination.

If you are found to be in breach you will be issued with a notice of underpayment which includes a requirement not only to make good any underpayment but also to pay a financial penalty which can be up to 200 % of the arrears, capped at # 20,000 per worker.

In Re an Application by Revenue and Customs Commissioners to Serve Section 20 Notice (No 2)[2006] STC (SCD) 360, involving a bank which had branches in a number of offshore jurisdictions — although the exact locations were redacted from the published decision — the special commissioner held that even if delivering up documents relating to customers of those overseas branches meant that the bank was breaching its duties of confidentiality in those jurisdictions, they must be delivered up if they are in the possession or control of the bank.

[38] Recommendation: The data holder should have to notify the relevant privacy commissioner or privacy review officer of any breach involving unauthorized disclosure of or access to personal information.27 The commissioner or officer should have the power to require the data holder to notify individuals if the statutory test for notice is met.

(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafteIf the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafteif the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.

If a security systems breach occurs, we may post a notice on one or more of our websites, or elsewhere on the Service, and / or may send email to you at the email address you have provided to us.

IEC may terminate any License Agreement if Customer breaches any material term of these Terms of Use or any License Agreement and does not cure such material breach within thirty (30) days of receiving a Termination Notice.

4autoinsurancequote.com may terminate these Terms of Use and / or the products or services offered by 4autoinsurancequote.com at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use.

It shall be your responsibility to notify Drive Smart Driving School immediately if you notice any unauthorized access or use of your account or password or any other breach of security.

immediately if you notice any unauthorized access or use of your account or password or any other breach of security.

NEW DELHI (Sputnik)- The Indian Ministry of Electronics and Information Technology sent on Wednesday a notice to Facebook, asking the latter to clarify if the personal information of Indian citizens had been misused by the Cambridge Analytica firm or any other downstream entity and provide more details on the personal data breach.

If you breach this term, we can without notice revoke your Username or Password and refuse access to all or any part of the Web site.

Right to Receive Notice of a Breach: We are required to notify you by first class mail or by e-mail (if you have indicated a preference to receive information by e-mail), of any breaches of Unsecured Protected Health Information as soon as possible, but in any event, no later than 60 days following the discovery of the bBreach: We are required to notify you by first class mail or by e-mail (if you have indicated a preference to receive information by e-mail), of any breaches of Unsecured Protected Health Information as soon as possible, but in any event, no later than 60 days following the discovery of the breachbreach.

The notice is required to include the following information: • A brief description of the breach, including the date of the breach and the date of its discovery, if known; • A description of the type of Unsecured Protected Health Information involved in the breach; • Steps you should take to protect yourself from potential harm resulting from the breach; • A brief description of actions we are taking to investigate the breach, mitigate losses, and protect against further breaches; • Contact information, including a toll - free telephone number, e-mail address, Web site or postal address to permit you to ask questions or obtain additional information.

The notice is required to include the following information: • a brief description of the breach, including the date of the breach and the date of its discovery, if known; • a description of the type of Unsecured Protected Health Information involved in the breach; • steps you should take to protect yourself from potential harm resulting from the breach; • a brief description of actions we are taking to investigate the breach, mitigate losses, and protect against further breaches; • contact information, including a toll - free telephone number, e-mail address, Web site or postal address to permit you to ask questions or obtain additional information.