Sentences with phrase «including breach of warranty»

810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.

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.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third party due to or arising out of your use of the Sites, the Applications, Content or Materials in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.

You agree to indemnify and hold harmless mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation by you of these Terms of Sale or any breach by you of your representations and warranties hereunder.

You agree to indemnify and hold Tommy Bahama (and its officers, directors, agents, subsidiaries, joint ventures, employees and third - party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys» fees, arising out of a breach of your representations and warranties set forth above, your use of this Website, or your violation of any law or the rights of a third party.

You agree to indemnify and hold DatingAA.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Russiandatingnet.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold LoveCompass Free Online Dating, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.

You agree to indemnify and hold aFreecupid.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Ukcupiddating.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

You agree to indemnify and hold Filipinodating.us, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

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.

The parties have agreed to indemnify each other against certain losses, including losses for breaches of representations, warranties and covenants.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros 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 Ceros, 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) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys» fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use.

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

any misrepresentations, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or

You agree to indemnify Humane Alliance for all damages and expenses (including reasonable attorney's fees) arising out of any breach or failure of the warranties made herein.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of the liability of Apeejay Surrendra Park Hotels Ltd under, any such warranty, term or condition, then the liability of Apeejay Surrendra Park Hotels Ltd shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

You agree to indemnify and hold The Freecycle Network, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

We have also represented towns in breach of contract, warranty and negligence claims against vendors of various goods, including a multi-million dollar emergency radio system and athletic fields.

Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and design defects, to breach of implied warranty.

His litigation experience includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort, breach of contract and breach of warranty actions.

Grounds for a Massachusetts products liability lawsuit related to any of these defects can include negligence, breach of warranty, and misrepresentation.

Sophie advises and acts in insurance matters, including the construction of insurance policy wordings, breach of warranty claims, avoidance of policies of insurance for misrepresentation and non-disclosure and claims under the Third Parties (Rights Against Insurers) Act 1930.

He also handles general commercial litigation, including breach of commercial contracts, warranty claims and director, shareholder and partnership disputes.

Mr. Grossman updated the chapter «Products Liability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and welfare.

Mr. Geiger represents business clients in all types of disputes, such as product liability (including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence, breach of privacy, other personal injury claims, class actions, multidistrict litigation, governmental actions, insurance litigation, breaches of contract, allegations of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.

Melissa specializes in Business Litigation and has expertise in handling litigation issues, including breach of contract, negligence, the Uniform Commercial Code, breach of warranty, professional negligence, real estate, personal injury, employment law, and recovery of... Read more»

Other theories include tortuous misrepresentation, breach of warranty and strict liability.

The cases in which Paul has been involved cover a wide range of issues including policy construction under both English and New York law, proof of loss, breach of warranty claims, choice of law, misrepresentation and non-disclosure, and the allocation of historical and progressive losses.

Tom handles Dispute Resolution matters in a wide range of areas including breach of contract and warranty claims, director and shareholder disputes, partnership disputes, negligence claims against professionals, defamation, fraud and insolvency.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

He handles a variety of commercial and class action litigation matters, including restrictive covenants, breach of contract and breach of warranty disputes.

Jim has been lead counsel in a wide variety of complex civil litigation, including cases involving breach of contract, fraud, breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance / ownership disputes, breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.

Corporate and commercial transactions can lead to a variety of disputes, including claims for breach of contract, breach of warranty, misrepresentation, breach of guarantees and rectification issues.

Breach of construction contract claims including claims for damages due to delay, loss of productivity, non-performance of contractual provisions, warranty claims and product liability claims

There may be multiple theories of liability in these lawsuits, including strict product liability, negligence, marketing defect, failure to warn, manufacturing defect, design defect, or breach of warranty.

These cases include significant multimillion dollar claims involving breach of contract, deficiency claims, delay claims, liquidated damages claims, warranty and tendering issues.

He practices in the full range of complex commercial litigation, and his experience includes litigating claims for breach of contract, strict products liability, negligence, breach of warranty, false advertising, unfair competition and violations of California's Proposition 65.

Represented a listed company in relation to an oil and gas investment dispute in Indonesia, including whether there was a breach of warranty as to the potential quantities of gas reserves in the concession.

Plaintiffs filed numerous Florida state law claims, including strict product liability, negligence, intentional misrepresentation, breach of express warranty, implied warranty, and violation of Florida's Deceptive and Unfair Trade Practices Act.

Post-closing Litigation — We represent buyers, sellers and advisors in disputes arising from M&A transactions, including claims for indemnification and breaches of representations and warranties.

His property insurance practice includes large and complex recoveries for insurers and advising on all aspects of policy coverage, including fraudulent claims, policy voidance, breach of warranty and condition, co-insurance and reinstatement on property, liability, construction / engineering and project policies and policy drafting.

The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at actuals)(collectively «Loss») relating to or arising out of a breach by the User of the Terms of Use relating to this website or arising out of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct of a User in relation to the use or access of this Website as a result of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out of or relating to any such conduct.