Sentences with phrase «of the breach of contract by»

This is not business and it is not just one or two publishers «fighting» with Amazon, characterizing a serious case of breach of contract by Amazon as childhood squabbles.

At first instance, Edwards - Stuart J found for E.ON primarily on the grounds of a breach of contract by MTH — namely that (i) clause 8.1 (x) of the contract required the foundations to be fit for purpose, (ii) fitness for purpose was to be determined by reference to the Technical Requirements (which formed part of MTH's tender documents), and (iii) para 3.2.2.2 (ii)(and also para 3b.5.1) of the Technical Requirements required the foundations to be designed so that they would have a lifetime of 20 years.

Make it clear in your resignation letter that you are resigning because of the breach of contract by your employer

Not exact matches

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

Kalanick filed his response late on Thursday to the suit brought by Benchmark Capital, an early investor in Uber suing him for alleged fraud, breach of contract, and fiduciary duty.

As part of the settlement, Trulia agreed to drop the breach of contract lawsuit it filed against Move in February, after ListHub announced it had terminated its syndication agreement with Trulia in the wake of Trulia's acquisition by Zillow.

A chancellor in Delaware has thrown out a case brought by R3 alleging that Ripple breached a contract that would have allowed R3 to purchase 5 billion XRP from Ripple, effectively earning a profit of around $ 1 billion.

«Today's ruling is a major milestone in our efforts to recover damages for our investors,» said James Dondero, co-founder and president of Highland Capital Management, L.P. «We are pleased the appellate court recognized the harm caused to our investors by Credit Suisse's fraud and breaches of contract.»

Other legal fights related to Uber include its battle with self - driving car company Waymo, which is suing Uber for allegedly stealing trade secrets, and a lawsuit filed by investor Benchmark against former chief executive officer Travis Kalanick claiming breach of contract.

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).

A breach of contract court judgement by timeshare exchange company, RCI Europe opens the possibility of thousands of claims by RCI members, says a London law firm.

On April 23, 2014, JPMC agreed to pay $ 5.5 million to settle claims made by a class of nearly 480,000 Circuit City rewards credit card holders who alleged JPMC duped them into joining an «interest free» program, then breached their contract by charging class members unexpected fees and interest charges.

And — with 30B in debt; nearly 40B in grossly overstated Goodwill & Intangibles; an ongoing investigation by the US Justice Department; a serious probe by the SEC coupled with a possible breach of contract with Walmart leaves me with a valuation / share of not more than $ 10 - 15.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

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.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.

A lawsuit filed in United States District Court by former Louisville Cardinals basketball coach Rick Pitino on Thursday sued the school's athletic association for $ 38.7 million for breach of his contract.

Free - spending French giants Paris Saint - Germain are set to face UEFA sanctions for breaches of Financial Fair Play (FFP), according to a report by the Financial Times on Wednesday that claims PSG «overstated» sponsorship contracts to the tune of 200 million euros.

One season with AC Milan was followed by a short spell with Real Betis, which was blighted by legal battles as the midfielder sued the club for breach of contract.

Another judge offended by the callousness of giving people a visa and then pulling the rug out from under them once they get here, may decide, «I want to explore whether a visa is the legal equivalent of a contract that the government has breached.»

The developer of the Syracuse Inner Harbor, COR Van Rensselaer Street Co., is striking back at the administration of Mayor Stephanie Miner by filing a breach of contract lawsuit against the Syracuse Industrial Development Agency.

President of the Rockland County CSEA P.T. Thomas warned the legislature during their November 21 public hearing on the budget that if the county breached union contracts by eliminating positions that had been contractually excluded from layoffs, the CSEA would take legal action.

The Ghana Society of the physically disabled in the Upper East Region have accused managers of the ICT training project initiated by government in collaboration with RLG Communications of breach of contract.

The actual re-identification of medical dossiers, however, is not a crime, although such action might constitute a breach of contract depending on the conditions set by the source of the information.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partBy submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partby any third party.

It was brought to my attention by my «team» that NBC believed that I was in breach of contract because I had disparaged their brand.

Loss or damage is foreseeable if they were an obvious consequence of ELITESINGLES «breach or if they were contemplated by the customer and ELITESINGLES at the time the parties entered into the contract.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

And so, perhaps, when NJEA leaders objected to the selection of Paula White because of her association with DFER, Murphy, who had breached his contract with them, made a promise he could keep, even though that decision makes Repollet look far removed from the loop of state educational leadership, makes Murphy look like Pavlov's dog when confronted with a whiff of dissension from his patron, and makes NJEA look like Pavlov himself, a metamorphosis it may welcome after a humiliating defeat of the $ 5 million campaign to unseat Senate President Steve Sweeney by replacing him with a Trump - supporting climate - change - denying immigration - foe.

There is no way for the author to terminate the contract, other than through a breach of contract by D Publishing — unlikely since the contract places almost no obligations on D Publishing.

In this case, that's pretty easy to prove: If Ellora's Cave breached its contract with Ann Jacobs by failing to timely pay royalties, that is a question of fact that is common between this action and the DA v. EC dispute.

But, as I read it, Cengage charged Kno with breach of contract, gave Kno 30 days to remedy the breach (which I suspect is specified in the contract between the two companies), and when Kno didn't remedy the breach by the end of 30 days, cancelled the contract.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecby applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecBY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecBY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

He said the guidelines had been developed because of concerns over free e-book lending offered by some libraries to lenders «wherever you are» in breach of publisher contracts.

I spent almost two hours arguing with CSRs and the Office of the President the other day that Rogers DID breach the terms of the contract by changing LCAs, then they finally conceded by giving me free LD for two years and 50 % off my ECF.

The Guild also argues that some of the publishers who have signed up for Amazon's Lending Library might themselves be in breach of contract by offering their books to be lent — according to the authors» organization, lending rights are supposed to be negotiated separately, and authors should be getting compensation for participating in those programs.

Grahame - Smith, who unleashed the zombie mashup on the world with the surprise 2009 hit Pride and Prejudice and Zombies, and went on to write the bestseller Abraham Lincoln: Vampire Hunter, is being taken to court by Hachette for breach of contract.

The breach by a credit services organization of a contract under this chapter, or of an obligation arising from a contract under this chapter, is a violation of this chapter.

(5) The breach by a credit services organization of a contract under the Credit Services Organization Act or of any obligation arising from a contract under the act shall be a violation of the act.

«By requiring bank customers to divulge their confidential access codes and passwords, Mint.com is inducing breach of contract between Scotiabank and its banking customers,» said Scotia's Joe Konecny.

A. Any breach by a credit services business of a contract under this chapter, or of any obligation arising under it, shall constitute a violation of this chapter.

Any person damaged by the credit repair business» breach of contract or of any obligation arising therefrom, or by any violation of this Article, may bring an action against the bond or trust account to recover damages suffered.

--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

This subpart does not prevent a creditor from exercising a right provided by a mortgage loan contract to accelerate payment for a breach of that contract.

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

The breach by a credit repair services organization of a contract under this Part, or of any obligation arising from a contract under this Part, is a violation of this Part.

(a) Any buyer injured by a violation of this title or by the credit services organization's breach of a contract subject to this title may bring any action for recovery of damages, or for injunctive relief, or both.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $ 100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract.