Sentences with phrase «of damages clause»

Not exact matches

The company could not invoke that clause unless Kozlowski was convicted of a felony that was materially damaging to the company, according to Institutional Shareholder Service, a group that advises big investors.

8 With respect to those who refuse to accept Castilian sovereignty and the Christian faith the document includes this clause: «If you do not do it... with the help of God I will use all my power against you and will battle you everywhere and in every possible way, and you will be subject to the yoke and obedience of the Church and their Highnesses, and I will take your people and your women and children, and make them slaves, and as much I will send them, and I will inflict on you all the harm and damage possible.»

As if anticipating and trying to prevent the «war guilt» clause of the Versailles treaty soon to be written by the Western allies, Weber raised the question of forgiveness in politics: «A nation forgives if its interests have been damaged, but no nation forgives if its honor has been of fended by a bigoted self - righteousness.

Such a shift, seen in countries such as Zambia and Congo Brazzaville, was designed to alleviate any ongoing concerns of refugee - hosting countries about implementing the Clause in order to ensure a public, political consensus for its eventual invocation, and end the politically damaging speculation surrounding conditions within Rwanda and the Government's true motivations in pushing for the Cessation Clause.

Mr Oppong - Damoah said there were clauses in the existing agreement which made it difficult to abrogate else the country will be liable to the payment of damages as enshrined in the contract.

9.9 If the customer breaches any of the obligations listed in this clause 9, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.

(c) In the event the aircraft is lost or damaged beyond repair, the Government shall pay the Contractor a sum equal to the fair market value of the aircraft at the time of such loss or damage, which value may be specifically agreed to in clause 1252.228 - 71, «Fair Market Value of Aircraft,» less the salvage value of the aircraft.

For purposes of the clause entitled «Loss of or Damage to Leased Aircraft,» the fair market value of the aircraft to be used in the performance of this contract shall be the lesser of the two values set out in paragraphs (a) and (b) below:

Does your listing agreement have a clause that states that your agent is responsible for any damage incurred during the time of the listing as a result of visits, open houses, etc?

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

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.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

One of the sticking points is the «loss and damage» clause.

One of the most specific aspects usually relates to the difficulties that a foreign investor may face with respect to the enforcement of the limitation of liability, the liquidated damage clause, the security package or a foreign judgement.

They negotiate record deals and touring contracts for their clients, helping them steer clear of clauses that could prove punitive or cause future legal disputes and saving millions in potential damages.

Do you think that, in the event of a breach by Singapore of the social / environmental clauses of the EUSFTA, individuals that suffered direct damage could rely on this Opinion to argue that they have recourse to trigger the procedure for adopting a decision to terminate the agreement?

Although they fail to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable,» id., at 458; Has lip, 499 U. S., at 18, a majority of the Justices agreed that the Due Process Clause imposes a limit on punitive damages awards.

More specifically, the question is whether the Due Process Clause requires judicial review of the amount of punitive damages awards.

672, 596 A. 2d 687 (1991), the court nevertheless declined to «interpret Haslip to hold that an award of punitive damages, to comport with the requirements of the Due Process Clause, always must be subject to a form of post-verdict or appellate review that includes the possibility of remittitur.»

It is typically the burden of the insurer to prove a clause has applicability for purposes of excluding coverage for damage or injury that was intended or expected by the insurer.

Held: Oregon's denial of review of the size of punitive damages awards violates the Fourteenth Amendment's Due Process Clause.

3 Mar. 11, 2010)(unpublished), a signatory of a contract with a fees clause was hit with a $ 71,000 damages award arising out of a radio station purchase dispute and a subsequent $ 99,263.40 fee award as well as $ 14,912.06 costs award.

The court set the punitive damages at $ 100,000 considering the «outrageous» behaviour of the defendant in dismissing Gordon and trying to hold him to their non-compete clause.

In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

The court concluded that the liquidated damages of S$ 1 million was a genuine pre-estimate of the damages which the medical centre could suffer if Dr Ng breached the restraint of trade clause, as the amount payable reflected the expertise and goodwill he possessed in the field of aesthetic medicine.

Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement

The discussion will cover issues including differing site conditions clauses, indemnity, liquidated damages, waiver of consequential damages, no damage for delay, claim notification requirements, terminations, payment withholding rules, terminations, and Dispute Review Boards.

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.

In its 5 - 4 decision in Philip Morris v. Mayola Williams, Justice Breyer, writing for the majority, held that the jury's verdict violated the Due Process clause of the Constitution because jurors had been permitted to consider harm suffered by other smokers, who weren't parties to the case, in assessing punitive damages.

It covers a wide range of considerations, including: the date the BIT enters into force; the timing of the alleged breach; whether there is an identifiable investor; whether there is an identifiable investment; fair and equitable treatment; expropriation; breach of the obligation to provide full protection and security, most - favoured nation provisions and their implications; «umbrella clauses» and their implications; whether there are explicitly incorporated procedural requirements to be followed; whether there is sufficient evidence to make out a prima facie case of breach of a BIT; the value of the claim; and «just and equitable» damages.

In 2005, the Supreme Court of Wisconsin struck down the statute ruling that the $ 350,000 limit on noneconomic damages violated the equal protection clause of the Wisconsin Constitution.

Clause 51 of the Legal Aid Bill empowers the rules committee to bring about drastic changes to my beloved Pt 36, including the 10 % damages uplift for a claimant who has been successful lat trial.

In accordance with the key principle of the Default Clause that damages are to be based on (but not limited to) the difference between the contract price and the actual or estimated value of the goods at the date of default, the Board of Appeal had awarded Buyers substantial damages.

Sellers argued that, on the facts, the damages scheme in the Default Clause should have been overridden by the application of certain common law principles for the assessment of damages, which would have led to the conclusion that Buyers had suffered no loss.

For example, in a lawsuit based on a liquidated damages clause in a contract, a defendant and a lawyer might agree that the lawyer be paid a percentage of the amount saved if the ultimate settlement is far below the liquidated damages amount.

The disputed clause in the insurance contract excluded the «cost of making good faulty workmanship» but made an exception to that exclusion for «physical damage» that «results» from the faulty workmanship.

Usually, a litigants own lost time will not be a compensable item of damages in legal systems derived from those of England called «common law» jurisdictions (including England, Ireland, the United States, Canada, New Zealand and Australia), unless there is an contractual provision that provides that «time is of the essence» and some liquidated damages clause in the contract that quantifies this harm.

As recently reported in the New York Times, a full one - third of top ranked websites forbid consumers from suing them for damages, unsavory practices, inflated charges, and general bad behavior through inclusion of forced arbitration clauses and class - action ban clauses.

If you are dealing with a dispute between an individual and his / her firm, or between two warring groups within a firm, it can be hugely damaging to rush off to court, particularly where there is no arbitration clause, which would allow parties to keep their dirty linen out of the public eye.

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.

The motion judge held he was strengthened in this view because another clause of the insured's policy (the «while being worked on» clause) included an explicit statement regarding resulting damage.

The motion judge found that this exclusion clause was «clear and unambiguous» and that it excluded «both damage to the «work» which forms the subject matter of the contract, as well as damages resulting from the faulty workmanship related to the work».

That is, if my license doesn't contain such a clause, can I as a distributor of the software be held liable for damages, and if it does contain such a clause, does it effectively prevent me for being held liable?

Yet if one compares the monopoly rights of lost authors to that of Google's «de facto monopoly,» as Chin called it (because the settlement would have protected Google alone from damage suits over orphan books), Google's would seem to do more to advance the goal the U.S. constitution's copyright clause, namely, «to promote the Progress of Science and useful Arts.»

Other more specific aspects usually relate to the enforcement by a foreign investor of the limitation of liability and the liquidated damage clause or the nature of security package that can benefit to a foreign player.

Counsel for Espitia cites to an unpublished case assertedly upholding a stipulated damages clause due to the difficulty of ascertaining «the exact amount of income certain vending machines would produce.»

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

Even if a waiver or limitation of liability clause existed and was brought to the attention of the ski resort patron, the Ontario Superior Court of Justice has further suggested that an injured plaintiff may be awarded damages for a kind of negligence that was not contemplated or considered «as part of the flavour» of the language printed on lift tickets and season passes, and posted elsewhere on ski resort property.