Sentences with phrase «liability clause in»

Parks commissioner Dave Sherman accused newly reappointed parks board attorney Bill Franz of refusing to follow the board's directions when preparing a new contract for the construction adviser, Jim Richards, by not including a professional liability clause in the contract.

Not exact matches

She said the bill will also include immunity clauses to protect from legal liability in case someone dies in a facility.

The office is charged with ensuring the terms within the contract are clear, signatures are in place, start and end dates are correct, and that there are no liability clauses that work against the state.

Article 286 of the 1992 Constitution, under declaration of Assets and Liabilities, states that: «A person who holds a public office mentioned in clause (5) of this article shall submit to the Auditor - General a written declaration of all property or assets owned by, or liabilities owed by him, whether directly or Liabilities, states that: «A person who holds a public office mentioned in clause (5) of this article shall submit to the Auditor - General a written declaration of all property or assets owned by, or liabilities owed by him, whether directly or liabilities owed by him, whether directly or indirectly.

c) Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.

Editors and lawyers in the publishing business need to clean up their act so that authors are not presented with unconscionable, non-negotiable warranty and indemnity clauses that can subject them to unlimited financial liability.

The renters insurance lease clause will generally require you to have a policy that covers at least a certain amount of liability, insures everyone in the household, and lists the landlord or their agent as additional interest so that they'll be notified if the policy cancels, lapses, or otherwise does not remain in force.

War Clause: A provision in a life insurance policy excluding the liability of an insurance company if the insured's death is the direct result of a war.

The renters insurance clause usually reads something like «Tenant shall at all times maintain personal liability insurance in an amount no less than $ 100,000.»

I refer to such terms as a «kick in the butt clause» — a reminder that all parties share some liability for non-compliance.

In addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contractIn addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contractin most inspection contracts.

Under the Province's Dog Owners» Liability Act, «pit bull» includes, (a) a pit bull terrier, (b) a Staffordshire bull terrier, (c) an American Staffordshire terrier, (d) an American pit bull terrier, (e) a dog that has an appearance and physical characteristics that are substantially similar to those of dogs referred to in any of clauses (a) to (d).

A spokesperson for a State Farm office in Orlando said the company tries to persuade policyholders to sign an endorsement clause, freeing the company from liability in case of a dog attack.

c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit The Travel Magazine liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

FORCE MAJEURE CLAUSE: La Mariposa Hotel is exempted for the liability for failure to execute arrangements specified herein directly or indirectly caused by or in consequence of any conditions beyond human control.

The agreement not only fails to make this financial flow legally binding but also introduces a sneaky clause that states that this new climate agreement provides «no basis for any liability or compensation» in the future.

This is present under the compensation clause in the new next, which restricts all language of liability from entering the text.

The other exclusion zone was any clause in the agreement that would expose the US to liability and compensation claims for causing climate change.

So if someone is drafting a clause that excludes their liability in very general terms, it is wise to ensure it is brought prominently to the notice of the other party.

The right to compensation is restricted to a «relevant liability» which the interpretive clauses define as «a liability in respect of which a contract of insurance must be in force to comply with Pt VI of RTA 1988».

Optional sections in this Debt Settlement Agreement include confidentiality and liability clauses.

If you have a liability claim involving sexual molestation or other uncovered intentional acts, we strongly recommend that you review the policy's standard severability clause to determine what steps, if any, should be taken in light of the Minkler decision.

Pilar is fluent in English and is a regular speaker at seminars to national and international insurance companies on topics including product liability claims, engineering clauses, alternative dispute resolution methods, professional indemnity and the Spanish Insurance Contract Act.

In most states, an LLP maintains limited risks when it comes to business transactions through the liability clauses.

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.

I also tend to get heavily involved in the licensing and service level arrangements and of course the exclusion of liability clauses.

His landmark judgments enlarged the fair comment defence in defamation cases, established privilege for journalists» confidential sources and led to a framework for the courts to use in analyzing when to override liability - limitation clauses in contracts.

Nothing in this clause limits or excludes our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which can not be limited or excluded under English law.

The effectiveness of clauses capping liability are particularly significant for service providers, who can limit the risk of being subjected to a disproportionate claim in relation to contract for services / goods.

By contrast in Saint Gobain Building Distribution Ltd (t / a International Decorative Surfaces) v Hillmead Joinery (Swindon) Ltd [2015] EWHC B7 (TCC)(Gobain) the courts held a clause capping all liability in standard terms to be unreasonable.

The court ruled in favour of the defendant on other grounds and therefore did not need to examine the validity of the limitation clause, however the judge did state, obiter dicta, that if necessary he would have upheld the # 14K contractual liability cap as a fair and reasonable clause.

Whether the Unfair Contract Terms Act 1977 (UCTA 1977) could hold that the clause capping liability in the context of the case could be deemed unfair.

(2) Clause (1)(c) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.

(4) Where the boundaries of a district school area are altered in accordance with clause (2)(b) or (d), the Minister shall, by order, provide for arbitration of the assets and liabilities of the boards concerned.

The article discusses hospitals» efforts to shield their liability for substandard care through the Conditions of Admission forms, specifically in the «Legal Relationship» clause.

The only possible liability for a truthful and accurate disclosure of fact is a defamation action (in the absence of a privacy clause in the contract) and this is truthful so it would not violate anyone's legal rights.

The trial judge didn't suggest that, somehow, the agreement contained a clause that allowed the plaintiff to continue against the remaining defendant (s) for more than their own shares — their own shares would include a share based on vicarious liability, but that wasn't an issue in the case.

Goepel J. noted that the legislature in B.C. had taken no such steps to make these types of waivers unconscionable in the province, and cited Ochoa v. Canadian Mountain Holidays Inc. and Dyck v. Manitoba Snowmobile Association as authorities that exclusion of liability clauses are not unconscionable.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.

Employers can protect themselves in the terms of the settlement and release documents by including a denial of liability clause and a robust confidentiality clause.

(3) The sum of the medical, rehabilitation and attendant care benefits paid under the motor vehicle liability policy for any one accident in respect of an insured person who does not sustain a catastrophic impairment as a result of the accident shall not exceed $ 1,000,000, and the limits set out in clauses 19 (1)(a) and (2)(a) do not apply.

(3) Clause (2)(b) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

While liability insurance covers the others who may be injured by your negligence, there are several clauses in an insurance policy that apply if you have been injured:

Black's Law Dictionary defines an indemnity clause as a contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur.

Courts across Canada have since followed Brown in accepting this argument as a genuine issue for trial, where defendant facilities have attempted to rely on existing waivers or limitation of liability clauses:

Until recently, in Florida Limits of Liability clauses designed to protect..., Defense Digest, Vol.

The Terms including the limits on our liability in clause 20 will apply to all services rendered by us to you from time to time unless we have entered into a specific written agreement which expressly excludes or modifies them in whole or in part; and in the case of existing clients, all instructions received after 1 July 2017will be treated as acceptance of the Terms.

This was, furthermore, the approach of the CJEU in Case C - 352 / 13 CDC v Akzo [2015] QB 906, in which it was held that a clause ``... which abstractly refers to all disputes arising from contractual relationships» would not cover tortious liability as a result of a cartel, because ``... the undertaking which suffered the loss could not reasonably foresee such litigation at the time that it agreed to the jurisdiction clause» (paras 69 - 70).

[2006] 2 Lloyd's Rep 389; [2006] 2 All E.R. (Comm) 938 - whether an admitted but unpaid liability constitutes a «dispute» within the meaning of an arbitration clause such that arbitrator had jurisdiction to issue award in respect of the admitted liability.