Sentences with phrase «legal damages including»

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.

Southwest said in the suit it has lost at least $ 5,000 and will seek damages, including those to cover its legal fees.

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.

Yet even such huge figures are «woefully insufficient,» says John Ward, a Kansas economist who consults on economic damages for legal disputes, including wrongful death cases involving children.

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.

If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

Additionally, there are significant risks, including long - term damage to your credit and accrued legal fees to reach the settlement.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in any Aberdeen Group survey, entrants agree that Aberdeen Group and any other applicable sponsor, and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, web site providers, web masters, Aberdeen Group and their respective officers, directors, employees, representatives, and agents (The «Released Entities»), will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.

IN NO EVENT SHALL Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, «Sponsor Entities»), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light)(collectively, «Claims»).

You shall further fully indemnify and keep Car Throttle fully indemnified against any costs, claim, demand, action, damages, loss and / or expense (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties, legal costs and any other reasonable costs and expenses suffered or incurred by Car Throttle) arising directly or indirectly from any breach or non-performance by you of this Agreement and you shall pay all such costs, claim, demand, action, damages, loss and / or expense forthwith on demand by Car Throttle.

Indemnity As a condition of use of the site, you agree to indemnify World Rugby and its affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting from your use of the site.

You agree that to the fullest extent permitted by law you shall defend, indemnify and hold harmless Orlando Stroller Rentals, LLC from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys» fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), your use of this Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or this Website, provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or sole fault of Orlando Stroller Rentals, LLC.

You hereby indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

«If you fail to heed this one and only warning, be assured that we intend to pursue all legal remedies... including substantial punitive damages based on the malicious nature of your misconduct,» wrote Tacopina, whose client list has included former Yankees star Alex Rodriguez and ex-state Sen. Hiram Monserrate, a former New York state senator who was expelled from the chamber in 2010 after attacking his girlfriend.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

That includes medical bills, lost earnings, legal costs and vehicle damage.

As a condition of your use of this website, you agree to indemnify Holistic Wellness and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.

At our request, you agree to compensate us fully and hold us, Lane Crawford (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

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.

Close, who recently starred on the legal thriller «Damages,» will soon be seen in Marvel's «Guardians of the Galaxy» and a trio of indie movies, including «Low Down,» «5 to 7» and «Anesthesia.»

In no event shall Global Educational Excellence, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

As a result of all these measures, the new Cayenne models comply with all legal requirements for all types of crash protection, including frontal, side, diagonal and rear impact, as well as rollover damage and frontal - or sidepost impact.

If your contract with a seller includes a home inspection as a contingency, you have the legal right to back out of the purchase if your inspection reveals substantial damage the seller did not disclose.

11.1 By using our Site, you agree to defend, indemnify, and hold harmless Emergency Cash Limited from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Emergency Cash Limited may become obliged to pay, arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use.

Additionally, there are significant risks, including long - term damage to your credit and accrued legal fees to reach the settlement.

You agree to indemnify and hold harmless Knowledge Leaders Capital and our affiliates, partners and employees of Knowledge Leaders Capital and their affiliates from and against any and all liabilities, claims, damages, losses or expenses, including legal fees and expenses, (together, «Losses») arising out of your access to or use of this website, save to the extent that such Losses may not be excluded pursuant to relevant law or regulation.

This means that the coverage includes not only damage to your property, but also your liability — that is, legal responsibility — for any injuries and property damage to others caused by you or members of your family (including your household pets).

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover a penalty of five times the amount of the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover twice the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

Indemnity You shall indemnify and keep Bark Busters indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms of Use.

I agree to release the Rabbit Advocates, a non-profit organization, and its officers and directors, from any and all injuries, loss, damage, liability, claims, cost, and expense including legal fees incurred during my participation as a volunteer with the Rabbit Advocates.

In no event shall VetLIVE.com, LLC, its professional advisors, or any third parties mentioned on the VetLIVE.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the VetLIVE.com, LLC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not VetLIVE.com, LLC, its licensors, contractors, or suppliers, or any third parties mentioned on the VetLIVE.com, LLC Site are advised of the possibility of such damages.

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.

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.

In the event of a cancellation of a Reward Booking under clause 2.12 within 24 hours of your scheduled date of travel, you shall be liable to pay VAA the full published fare applicable in addition to any costs and damages, including but not limited to legal costs, reasonably incurred or suffered by us or any applicable Participating Company as a result thereof.

The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or wilful misconduct by the indemnified parties.

The foregoing limitations of liability shall apply for any claims for damages, irrespective of their legal basis including claims arising from tort.

Coastal Stays Australia and its personnel are not liable for any direct or indirect damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Coastal Stays Australia is advised of the possibility of such damages.

You agree to indemnify and hold the SVG Tourism Authority («SVGTA») harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against SVGTA by any third party arising out of your use of the Services and / or any Content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by SVGTA in consequence of your breach of these Terms and Conditions.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

Artists sign legal agreements all the time: damage waivers, contracts for solo exhibitions at a gallery, agreements to allow our work to be included in a book or magazine.

Legal Insurrection readers will recall that our governor formally requested emergency funding for the storm damage that occurred in the state, which included deterioration of the Oroville Dam that led to a public evacuation of...

While the broad trend in Brazil was bad news for its forests, there were moments of elation for environmentalists, including the creation of the 12,000 - square - kilometer (4,630 - square - mile) Turubaxi - Téa Indigenous Territory in Amazonas state; some of Temer's most environmentally damaging proposals failed to advance; infrastructure expansion in Brazil and neighboring countries got bogged down by corruption scandals and basic economics; indigenous communities won a series of legal victories and settlements against the state, and the headline deforestation rate in the Brazilian Amazon fell 16 percent versus last year.

Common reasons for non-competes, restrictive covenants or liquidated damage provisions being violated by a physician, include financial incentives for both the physician, as well as the competing clinic or hospital, malcontent with the employing clinic or hospital, and / or bad legal advice to the physician.

Damages would almost certainly be more than $ 1400 once legal costs were included.