Sentences with phrase «liability for breach»

Julien J. Studley, Inc. v. Coach, Inc. (3 A.D. 3d 358)- broker's cause of action alleging commission is owed due to bad faith termination of brokerage agreement is reinstated; broker adequately alleged that landlords of the property in question circumvented the brokerage agreement by contacting the company directly and negotiating lease; broker's causes of action seeking to hold tenant liability for breach of brokerage agreement's exclusivity provision reinstated; record supports the allegation that tenant breached the exclusivity provision of the brokerage agreement prior to its termination

The Seller then sued the Brokerage on the theory of vicarious liability for the breach of fiduciary duty and fraud by its salesperson Fogleman.

Your failure to do so can have devastating effects, including liability for breach of privacy laws or negligence, especially if your client became a victim of identity theft.

On that basis a duty to avoid undue delay would be owed to all, effectively creating «back door» liability for breach of statutory duty.

Furthermore, the seller can not exclude liability for breach of any terms regarding the quality of goods, and specifically, they can't exclude themselves from liability under s14 of the Sale of Goods Act.

Four years on from Majrowski, Waller LJ's comments give a fair indication of how the courts view claims based on vicarious liability for breach of PHA 1997.

Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) Application under section 1157 of the Companies Act 2006 for relief from liability for breach of duty arising from a director's failure to obtain authorisation for a conflict of interests

A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of liability.

(Commencement No 4, Transitional Provisions and Savings) Order 2008 (SI 2008/945) Brought into force, intralia, the fol lowing provisions of the Charities Act 2006 on 1 April 2008: s 1 (meaning of charity); s 2 (meaning of «charitable purpose»); s 3 («public benefit» test); s 4 (6)(guidance as to the operation of the public benefit requirement); s 5 (1)(special provisions about recreational charities, sports clubs etc); s 5 (2)(special provisions about recreational charities, sports clubs etc); s 29 (1)(duty of auditor etc. of charity which is not a company to report matters to the Commission); s 30 (Group Accounts); s 33 (duty of auditor etc of charitable company to report matters to the Commission); and s 38 (power of Commission to relieve trustees, auditors etc from liability for breach of trust or duty.

Charities Act 2006 (Commencement No 4, Transitional Provisions and Savings) Order 2008 (SI 2008/945) Brought into force, intralia, the fol lowing provisions of the Charities Act 2006 on 1 April 2008: s 1 (meaning of charity); s 2 (meaning of «charitable purpose»); s 3 («public benefit» test); s 4 (6)(guidance as to the operation of the public benefit requirement); s 5 (1)(special provisions about recreational charities, sports clubs etc); s 5 (2)(special provisions about recreational charities, sports clubs etc); s 29 (1)(duty of auditor etc. of charity which is not a company to report matters to the Commission); s 30 (Group Accounts); s 33 (duty of auditor etc of charitable company to report matters to the Commission); and s 38 (power of Commission to relieve trustees, auditors etc from liability for breach of trust or duty.

A question for those in the construction industry is this: Does liability for breach of trust under s. 13 (1) of Ontario's Construction Lien Act (CLA) survive a discharge from bankruptcy?

Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.

As further set out below, the automobile industry's letter to Scott Pruitt suggests an exclusive focus on regulatory standards as determinative of the industry's applicable standard of care (and potential liability for the breach thereof), which, under Canadian common law at least, would be misplaced.

There is no strict liability for a breach of the Solicitors Act.

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

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.

Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

What will the removal of civil liability for breaches of health & safety legislation mean, asks Cathrine Grubb

There will also generally be unlimited liability for any breaches of contract, exposing you to significant risk.

If the injury is in some minimal way a foreseeable result of the negligence — even if the foreseeability requires 20 - 20 hindsight, there is going to be a legal duty, and liability for breaching it.

Not exact matches

Privacy and security are serious concerns for any business; when you add personal information to the mix, any breach can severely reduce employee trust and morale and open the company to liability for identity theft and other potential legal entanglements.

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).

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.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

Our cyber liability and data breach insurance starts at just $ 250 per year for a pre-underwritten instant issue policy that provides $ 100,000 in protection against first - party damages as well as many third - party damages offering a fast and economical way to get protection in place.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

Seven of the accused parties quickly reached an agreement with the OFT that saw them accept liability in principle for a breach of competition law and pay fines totaling # 160m.

You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless «Passions Network», its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys» fees) relating to or arising out of your use of the «Passions Network» service, including any breach by you of the terms of this Agreement.

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.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

(In fact, when it comes to protecting student data, Connecticut actually has a statute that provides for immunity of liability for data breach and NO notice to parents that a breach has occurred.)

Our payment of the Liquidated Damages is Our sole liability and entire obligation and the Author's exclusive remedy for the listed breaches for which the enhanced Author Royalties percentages are listed as a remedy.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

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:

Event Planners must be authorised by the Event Owner to earn GC Award Points for organising a Qualifying Event and shall release and indemnify The Company against any liability or claim arising from any failure to declare any benefits received under the Event Planner Rewards or for breach of any applicable law or regulation, gift and incentive policy, guideline or compliance requirement.

This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty thorough wilful intent or gross negligence on the part of the Hotel, a legal representative or a vicarious agent of the Hotel.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

While traditionally there has been reluctance to share with others for fear of liability, high - profile data breaches suffered by retailers prompted the Retail Industry Leaders Association to launch the Retail Cyber Intelligence Sharing Center so brands and government could collaborate on strengthening defences against cyberattacks and better protect customers.

In July 2014 in Coventry v Lawrence [2014] UKSC 46, [2014] 4 All ER 517, the President of the Supreme Court recognised that a decision that recoverability was illegal would have «very serious consequences for the government» which may have to repay all of the additional liabilities paid by losing parties whose human rights had been breached.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

The majority only imposed liability in order to give an effective remedy for breach of the right to warn.