So, additional preventive measures need to be considered in addition to the mitigation of greenhouse gas emissions, to help coastal regions especially in transition and developing countries to adapt and to
limit damage costs.»
Not exact matches
It pays any
costs to third parties resulting from property
damage or bodily injury for which the business is legally liable, up to the policy
limits.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims,
damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and
costs (including, without limitation, court
costs,
costs of settlement and
costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not
limited to,
damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
No organization, regardless of size, is exempt from cybersecurity threats, and having an established plan of action that immediately executes following a security breach is crucial to
limit incident
costs and
damages to the company's reputation.
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.
You agree to indemnify, defend and hold harmless the Company, its web site (s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not
limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and
damages (including attorneys» fees and court
costs) arising from or relating to any allegation regarding: 1.
«We don't put lights in our covers in case it drops or breaks,
limiting potential
damage and repair
costs.
Insurance Payouts May Not Cover All Wildfire
Damage for California Wineries Wineries
damaged by wildfires tearing through Northern California are starting insurance claims, and at least some of the smaller vintners are likely to find
limits in their policies mean payouts fall short of rebuilding
costs...
In no event shall Non-GMO Project, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns be liable for any
damages, whether arising in contract, tort or otherwise and including, without
limit, any special, incidental, direct, indirect, or consequential
damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss or corruption of business information or other data,
cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Non-GMO Project has been advised of the possibility of such
damages.
You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities,
damages, losses, judgments and expenses (including, but not
limited to, the
costs of collection, reasonable attorney's fees and other reasonable
costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.
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.
You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation,
damages, and / or
costs (including, but not
limited to, fees,
costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not
limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not
limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not
limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
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 agree to defend, indemnify and hold harmless AAAS, its officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (a) your use of and access to the AAAS Web site; (b) your violation of any term of these Terms of Use; (c) your violation of any third - party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused
damage to a third party.
You agree to defend, indemnify and hold harmless Real Plans, its affiliates, officers, directors, employees and agents from and against any and all claims,
damages, obligations, losses, liabilities,
costs or expenses (including but not
limited to attorney's fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third - party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused
damage to a third party.
In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
6.3 You agree to indemnify ELITESINGLES for any loss,
damage,
cost or expense it may incur as a result of your use of or conduct on the website, including but not
limited to any breach by you of these terms and conditions.
LIMITATION OF LIABILITY: IN NO EVENT WILL «Passions Network» BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT
LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE «Passions Network» SERVICE, EVEN IF «Passions Network» OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR TO ANY PERSON OTHER THAN YOU.
You expressly acknowledge and agree that the National Education Union shall not be liable for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not
limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if the National Education Union has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the service; (ii) the
cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
You agree to defend, indemnify and hold harmless Global Educational Excellence and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims,
damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not
limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Such
damages include but are not
limited to inconvenience, the
cost of transportation, telephone calls and lodging, the loss of personal or commercial property, and the loss of pay or revenue.
Ford also expressly disclaims all liability for direct, indirect, special, incidental or consequential
damages, including but not
limited to,
damage or loss of property or equipment, loss of profits or revenue,
cost of purchase or replacement of goods, or claims of customers of the purchaser that result from the use of any and all parts or vehicles contained in this catalog.
Other examples of excess wear and use include, but are not
limited to: missing, inoperable or cracked headlights, tail lights, turn signals, rearview or outside mirrors; missing or inoperable seat belts or SRS - air bag; missing headrests or seats (including the 3rd row in an SUV); engine
damage or inoperable vehicle; missing audio equipment; and any other
damage that would
cost $ 50 or more to repair, regardless if it is covered by insurance.
For example, if a motorcyclist crashed into the side of a car and
damaged it, this would cover the
cost of those repairs up to whatever
limit the rider chose.
Whether the driver doesn't have any liability insurance or the
cost of your
damages was beyond the
limits of their policy, this picks up wherever their coverage leaves off.
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.
If you're responsible for
damage or injuries and the
costs exceed the
limit of your auto or homeowners insurance policy's
limits, GEICO's umbrella insurance can help.
If the
cost of the claim is beyond the
limits of your policy, you will be responsible for paying any
costs out of pocket for the other party's injuries or
damages.
In the event we are found liable for any
cost or
damage suffered by you, the liability of ConsumerDirect and its employees and agents shall be
limited to the Membership and / or Action fees associated with the particular Action in question.
A type of uninsured / underinsured motorist coverage in which policyholders can «stack,» or combine the
limits of the uninsured / underinsured motorist coverage they purchase for each of their insured vehicles to help cover the
cost of
damage from an accident caused by an uninsured or underinsured driver.
Under no circumstances may Desjardins Online Brokerage, Desjardins Securities Inc. and its suppliers be held responsible, in any manner whatsoever, either by the User or a third party, for direct or indirect, special, punitive, consequential or incidental
damages, including interest, notably, and without
limiting the generality of the following, any loss of revenue or any loss of prospective economic advantage, due to the interruption of the Internet Services or an increase in operating
costs, or any other
damage or all other loss,
costs or fees or
damages stemming from any cause whatsoever, even if Desjardins Online Brokerage, Desjardins Securities Inc., and its suppliers have been informed about the possibility of such
damages, including interest,
costs or fees.
Whereas your homeowner's policy would cover the
costs of medical expenses, property
damage and legal claims up to your homeowners liability
limits (such as $ 100,000, $ 300,000 or $ 500,000), your umbrella policy would provide protection up to $ 1 million dollars or more.
(5) The relief requested by the consolidated group of claimants shall be
limited to monetary
damages equal to the net liquidating value of each individual claimant's account (s) as of the close of business on the day of the bankruptcy, but may also include a request for interest,
costs and fees where appropriate under the Code;
@BrianHall: To be clear, the numbers you give are in line with many state minimums for liability coverage, but most car insurance companies do push higher coverage
limits (commonly 250K / 500K / 100K for per person / per incident person cap / per incident property
damage), and the incremental
cost of the higher coverage is often much less than the
cost of the basic coverage (it's not paid out often, and electing it demonstrates responsibility, which they like in their insured).
Note 2 With replacement
cost coverage, at our option, subject to policy
limits and policy deductible, if you actually replace the property we will pay you the lesser of our
cost to restore, repair or replace the
damaged property or the amount you actually spent to restore, repair or replace the property.
With a replacement
cost policy, your insurer will provide coverage — up to your policy's
limits — equal to what it would take to replace your lost goods or repair your
damaged home in today's dollars.
With replacement
cost coverage, at our option, subject to policy
limits and policy deductible, if you actually replace the property we will pay you the lesser of our
cost to restore, repair or replace the
damaged property or the amount you actually spent to restore, repair or replace the property.
The amount of the liability is
limited to the
cost of actual
damages to the customer, including arrest, prosecution or other consequential
damages.
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be
limited to actual out - of - pocket
costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary
damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).
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.
By using the Service, you agree to indemnify and hold Humble Bundle, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability,
damages, expenses and
costs (including but not
limited to reasonable attorneys» fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service.
Ventura is seeking compensation «including but not
limited to compensatory
damages; restitution; injuctive relief; attorneys» fees; and the
cost of this suit,» which could be around 5 million dollars if the court documents are to be believed.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys» fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not
limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
The scope and impacts of climate change — including rising seas, more
damaging extreme weather events, and severe ecological disruption — demand that we consider all possible options for
limiting heat - trapping gas emissions — including their respective
costs and timelines for implementation.
For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not
limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as
damages for breach of contract or liquidated
damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling
costs or other electricity transmission or delivery
costs, and (iv) any proceeds received by Grantee as a result of
damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.
Economists may
limit their assessment to the near future, but the
damage we do today will continue to
cost future societies for many thousands of years.
In any view of ethics such dire
damage in the future would oblige taking serious action in the present to avoid or
limit climate change, if such action is possible and can be achieved without huge
costs.
As recently as last December she said: «If we don't succeed in
limiting global warming to 2 degrees, then the
costs of the resulting
damages will be many times higher than what we now, with a change in our lifestyle, can achieve.»
I can
limit flood
damage and improve health very simply: But I need lower
cost energy (you don't want that), lower
cost steel and transportation (you are working very hard to make both more expensive), more proper and safe rules and less excessive regulation (you want more regulation and more fees and more interferences from very propagandized zealots against work), lower
costs for electricity, water and fuel (you seek more taxes and rules on all) no government corruption (The carbon taxes you want go ONLY to the corrupt third world dictators and NGO profit - seekers who are selling their ENRON - inspired carbon credits, none do anything for the people of each country forced into squalor and death.)