Sentences with phrase «of actual damages in»

In this, a carefully structured, mandatory insurance can assign the costs of actual damage in such a way that the economic incentives for mitigation measures against flooding and heavy rainfall are not lost.

Not exact matches

The Court of Appeal rejected the arguments, saying Mars Canada had an obvious interest in defending its trademark rights, and it did sustain actual damages given that its sales were cannibalized by the grey market products.

Coverage is primary when renting for business purposes and provides reimbursement up to the actual cash value of the vehicle for theft and collision damage for most cars in the U.S. and abroad.

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.

Coverage is primary and provides reimbursement up to the actual cash value of the vehicle for theft and collision damage for most rental cars in the U.S. and abroad.

The Bennett Dam built by BC on the Peace River has done huge actual damage to one of the largest fresh water deltas in the world (The Peace — Athabasca Delta, UNESCO World Heritage Site).

Shipments containing cash or other means of payment, precious metals, art work, jewelry, watches, precious stones or other articles of value or securities for which, in the event of damage, no stoppage and no cancellation and replacement procedure can be carried out; for the avoidance of doubt the following valuable goods are exempted from this rule: Shipments using the Registered Mail special service, which contain stamps, telephone cards, vouchers for goods and low - value goods in these classes (e.g. fashion jewelry and promotional articles), up to an actual value of 30 Special Drawing Rights of the International Monetary Fund (SDR) per shipment, and individual tickets and entrance tickets;

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry (R) World (TM); risks related to the collection, storage, transmission, use and disclosure of confidential and personal information;

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

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.

And one of the rare progressive tax proposals to outline an actual tax structure in Illinois would hike income taxes on residents earning as little as $ 17,300, inflicting serious damage on an already - weak state economy.

The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages.

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.

In actual fact these artificial feeding products contribute to our health burdens, contribute to environmental damage, contribute to our national health costs and contribute to the coffers of an industry obsessed with prioritizing profit over the health of children and mothers.

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

♥ The flow is slowed when using a shield which can cause a cranky baby and in turn a cranky and distressed mom who doesn't know why baby is distressed whilst feeding ♥ If the latch is not fixed (which with a shield it makes it harder to tell as they kind of block the pain) then the milk intake is reduced ♥ Overused — they seem to be a quick fix for any breastfeeding related problem rather than fixing the actual problem ♥ Making a mother feel like she has failed to properly breastfeed ♥ Further damage to the nipples

And that's in addition, of course, to the actual explosive and radioactive damage.

AV expresses that much better than the stricter First Past The Post system, which forces many of us to substitute our actual beliefs for a damage limitation exercise, where we vote for a party we don't really like just to stop a party we like even less getting in.

Left: Illustration of the number of defects in materials predicted by the old «Kinchin - Pease» equation; Right: Illustration of the actual number of remaining damage, consistent with the prediction of the new model.

He hopes devices like BrainGate will circumvent such damage and allow the brain to communicate with a prosthetic limb or even the actual one, in the manner of Miller's research.

Chronic pain is an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage.

In patients who have survived severe brain damage, judging the level of actual awareness has proved a difficult process.

However, even if the hacked emails from HADCRU end up to be much ado about nothing in the context of any actual misfeasance that impacts the climate data records, the damage to the public credibility of climate research is likely to be significant.

For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs.

(b) Any person who has been injured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation, an action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.

Aside from the new modes, the most exciting additions to the actual fighting of Street Fighter 5 are the new V - Triggers that become usable when your character takes significant damage in a round.

While the delayed glimpse at what is in store hasn't done much in the way of damage control, the actual trailer doesn't quite help either.

There isn't really much to offer here as the stats mostly pertain to attack, defense and technique, the last of which doesn't seem to do much in actual battle aside from allowing the player to unleash a frenzy mode where attacks do more damage.

To the extent you have in any manner violated or threatened to violate The Math Learning Center's intellectual property rights; disclosed or threatened to disclose any of The Math Learning Center's confidential or proprietary information; violated or threatened to violate the security of any person, data, The Math Learning Center servers or networks, and / or the Websites; and / or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such actual or threatened violation or breach will cause immediate and irreparable harm to The Math Learning Center, and we shall be entitled to injunctive and other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.

So in what can be seen as a damage control exercise to redeem the lost pride of what can surely be termed the second best selling tablet in the world right now, Samsung has now come with what it claims to the the actual return rate of the Android tablet which is below 2 percent, a figure that makes it at par with the best selling Apple iPad.

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

The wind is the actual cause of the loss, the rain coming in after the damage occurred is secondary.

Auto Rental Collision Damage Waiver — When you rent a car, you get coverage up to the actual cost of the vehicle you are driving, both in the U.S. and abroad.

Within 24 hours prior to the actual closing, your and your real estate agent should make a final inspection of the property to make sure any required repairs have been completed, all property described in the sale contract, such as kitchen appliances, carpeting and draperies are present and that no recent fire or storm damage has occurred.

In the case of a juicer, you can ask to add a replacement cost value rider to an actual cash value policy to get reimbursed for the cost of a new juicer if it's damaged.

In this situation, if your home was damaged in a covered peril, your home insurance company would pay the actual cash value of your home before the losIn this situation, if your home was damaged in a covered peril, your home insurance company would pay the actual cash value of your home before the losin a covered peril, your home insurance company would pay the actual cash value of your home before the loss.

If a debt collector violates the Fair Debt Collection Practices Act in any way, you might be entitled to recover actual damages and / or statutory damages up to $ 1,000, as well as court costs and attorney fees, and — most important of all — make them stop calling you.

If you have Replacement Cost (RC) coverage, in the event of a covered loss, we'll first pay you the actual cash value for the damage to your property.

In this situation, there was no actual damage to the property, just a lot of «stuff» left behind.

B. Any credit services business which is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.

If a car you rented gets damaged in an accident, Visa will pay up to the actual cash value of the vehicle for the resulting damages.

If a financial institution does not follow the provisions of the EFT Act, you may sue for actual damages (or in certain cases when the institution fails to correct an error or recredit an account, for three times actual damages) plus punitive damages of not less than $ 100 nor more than $ 1,000.

You as an individual may also sue for actual damages plus twice the amount of any finance charges, but in any case not less than $ 100 nor more than $ 1,000.

There is no actual loss incurred and no damage to your personal property in the case of recalls.

Especially if you are planning on moving in the next few years, taking a few minutes to calculate the actual economics of refinancing your mortgage may very well help you avoid damaging your net worth by thousands of dollars.

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover a penalty of five times the amount of the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

(ii) As to transactions occurring after May 20, 1996, any creditor charging a finance charge in excess of the amount authorized herein, except as specified in subdivision (2), shall forfeit to the debtor the amount of the actual economic damages not to exceed the finance charge, which may be done by reducing the amount of the debtor's obligation.

Except as provided in subsection (a), any creditor who fails to comply with any requirement imposed under this chapter with respect to any person is liable to the person only for the actual economic damages sustained by the person as the result of the failure.

If the debtor is entitled to a refund and the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including the filing of a legal action, the debtor shall recover twice the actual economic damages not to exceed the finance charge, but in any event not less than one hundred dollars ($ 100).

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).