Sentences with phrase «material breach of contract»

A covered entity would have been in violation of this rule if the covered entity knew or reasonably should have known of a material breach of the contract by a business associate and it failed to take reasonable steps to cure the breach or terminate the contract.

For more information about what is considered a material breach of contract and how you should proceed if you have been affected by such a breach, contact a U.S. Virgin Islands contract lawyer.

A honest mistake in failing to pay can still be a material breach of a contract justifying termination of the contract.

Could a material breach of contract be used to get an arbitration agreement thrown out?

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

Not exact matches

According to a contract law expert, the matter is likely to turn on whether R3's failure to inform Ripple about the departure of partners like Goldman Sachs amounts to a «material breach.»

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Any distribution of materials constitutes a clear breach of that contract.

Companies who are compliant with these standards have met a certain number of conditions, including: demonstrating that their confidential destruction premises are secured and managed in the appropriate way — avoiding contamination or security breaches, having a clear and accurate process in place to ensure all contracts with clients, suppliers and sub-contractors are up to standard, informing clients wherever sub contractors are used, undergoing staff screening and vetting against British Standard BS7858, and having in place tested, secure and appropriate processes for the collection, retention and destruction of confidential material.

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.

It is the author's responsibility to clear permission to reproduce material protected by copyright; the publisher is indemnified against breaches of copyright by the author in the contract.

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

Termination of the employment of the owner manager other than for a material breach of his employment contract.

A party is not entitled to enjoin the breach of a contract by another, unless he himself has performed what the contract requires of him so far as possible; if he himself is in default or has given cause for nonperformance by defendant, he has no standing in equity... Having committed the first breach, the general rule is that a material breach of the Agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.

Confidential (2016): instructed to represent Purchaser of superyacht in relation to its multi-Euro damages claim against yard for breach (material non-compliance with Contract and Technical Specifications) and unlawful termination of yacht building Contract.

Termination of the employment of the owner manager for a material breach of his employment contract.

The purchase and sale contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker materials.

Mr. Malitz has also represented his clients in cases involving owner - operators, cargo claims, criminal charges, coverage issues, breach of contract, commercial disputes, employment matters, products liability issues, hauling of hazardous materials, weight violations and workers» compensation.

Confidential (2016): currently representing a superyacht Purchaser in relation to its multi-million Euro damages claim against yard for repudiatory breach (material non-compliance with contract and technical specifications) and unlawful termination of yacht building contract.

This legal principle is called «material breach» and means that a party who failed to perform its own contractual obligations is not entitled to enjoin a breach of the same contract by another.

We have extensive experience throughout Canada in construction - related litigation, including: improprieties in the bidding process; claims for construction liens; Performance and Labour and Material Payment Bond claims (primarily acting for surety); breach of trust; breach of construction contract claims; delays and liquidated damages claims; and problems caused by delays, damages, increases, substandard work, and debts guarantees.

Insofar as future contracting parties or customers wish to trust or empower their builder / contractor with such wide discretionary powers (e.g. for design and / or materials used), it would be imperative to expressly provide for the «style» of building, and to also expressly state that any works which breach building regulations, were functionally flawed, or were a result of poor workmanship, would constitute defects and must be rectified.

He regularly acts in claims involving breach of contract, allegations of negligence, breach of warranty, breach of condition precedent, misrepresentation, material non-disclosure and fraud.

committed a palpable and overriding error in inferring, without evidence, that Jazz had sufficient material facts about Al Boom's business and financial position to decline the risk Al Boom would experience past and future income losses caused by a breach of contract and such losses would not be too remote; and

Bespoke Couture identified a material breach and requested remedy, later contending in court that, on the expiration of 30 days — the breach going unremedied — the contract automatically terminated.

The rule now stipulates, however, that if the covered entity is unable to cure a material breach of the business associate's obligation under the contract, it is expected to terminate the contract, when feasible.

(ii) A covered entity is not in compliance with the standards in § 164.502 (e) and paragraph (e) of this section, if the covered entity knew of a pattern of activity or practice of the business associate that constituted a material breach or violation of the business associate's obligation under the contract or other arrangement, unless the covered entity took reasonable steps to cure the breach or end the violation, as applicable, and, if such steps were unsuccessful:

The final rule still requires that the business associate contract authorize the covered entity to terminate the contract, if the covered entity determines that the business associate has violated a material term of the contract, and it requires the covered entity to terminate the contract if steps to cure such a material breach fail.

Additionally, we now require covered entities to take reasonable steps to cure a breach or terminate the contract for business associate behaviors only if they know of a material violation by a business associate.

To the fullest extent permitted by law, neither Bond Solon staff, material writers, presenters and trainers will be liable by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act or refraining from acting upon the material within Bond Solon Products, except to the extent that any such loss or damage does not exceed the price of the Bond Solon product, arising from or connected with any error or omission in the material.

Our civil litigators deal with complex issues in areas such as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual harassment and breach of fiduciary duties.

Regarding the breach of contract claim, the Court stated that «to be final, contract negotiations must include all of the terms which the parties intended to resolve; material items can not be left to future settlement.»

According to the case law as of the date of this article, a material breach by one party to a real estate sales contract may be considered a discharge of the other party's obligations thereunder.