Sentences with phrase «party against the damage»

Not exact matches

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 toParty 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 toparty 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 toparty 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 toparty's use or misuse of the Sites or Products provided to you.

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

Established best practices for STM / SSA are needed to promote safety, incentivize space companies to operate under the U.S. flag, and defend American companies against parties that cause damage or injury to U.S. business interests in space.

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.

As we just discussed above, most cyber liability insurance policies only provide protection against third - party damages.

Our cyber liability and data breach insurance starts at just $ 250 per year for a pre-underwritten instant issue policy that provides $ 100,000 in protection against first - party damages as well as many third - party damages offering a fast and economical way to get protection in place.

You agree to defend, indemnify and hold harmless RMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised.

You agree to indemnify, defend and hold Atlantic Coca - Cola Bottling Company harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and / or use of this web site.

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.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

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.

If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in respect of the legal costs of defending a third party claim and any resulting damages awarded against you.

For the protection of members and all those involved in the management of registered and insured cycling events, British Cycling provides through its public liability insurance policy, an indemnity, limited to # 15 million (3) for legal liabilities arising from claims made against an event organiser, official or participant1 that involves either bodily injury or property damage to a third party.

Event organisers benefit from insurance cover which is for legal liabilities arising from claims made against an event organiser, official or participant * which involves either bodily injury or property damage to a third party and which have been caused by the negligence.

You agree to indemnify, defend and hold harmless, MomsTeam, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation of these Terms of Use by you.

INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.

Indemnification: You agree to indemnify, defend and hold harmless Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any activity related to your account (including infringement of third parties» worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person at your direction accessing Fertility Center of Las Vegas» web site.

You hereby indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Adding to this disillusion, he continues, is a gradual erosion of public faith in politics, driven in part by the distorting impact of 24 - hour news and social media — «it does trivialise politics, and it has done a real amount of damage to the perception of politics» — a backlash against a political class that favours spin over frankness — «I detest spin, it is deceit and it is intended to be deceit» — and, ultimately, by the failure of mainstream parties to «reach out beyond the political sphere» and speak to people's real concerns.

Not so much over the public lying, but the dubious ethics of the CEO having sexual relationships with interns, and the reckless damage the President did to his administration, legacy and party were all fair charges against him.

The Learned Hand rule on such questions of tort would suggest, for example, that producers and other parties ought to take precautions against harming others in any cases where the cost of the precaution is less than the expected cost of the damage: that is, the cost of the damage, discounted by the probability of its occurring.

He said the party had become obsessed with the allegations against its former chief executive, which was «very, very damaging».

Such that failure to observe the terms of that contract has always resulted in damages against the offending party.

Constitutional affairs minister Harriet Harman was forced to defend her husband, Labour party treasurer Jack Dromey, against claims that his call for an inquiry into party funding was designed to damage Tony Blair.

Trump's decision Saturday to intervene in the Alabama special election followed weeks of pleas from senior Republicans who fear that a loss will invite a wave of primary challenges against GOP incumbents and damage the party in the 2018 midterms.

In his analysis of the results, YouGov's Anthony Wells cautioned against over-interpreting a hypothetical set of questions, but also warned that a split could cause severe damage to the party's electoral prospects.

The case is a tort and request for damages, filed by Ralph Nader against Democratic Party dirty tricks in the 2004 election.

All that voting against Second Reading will do is to record a futile protest, delighting Labour and damaging party unity.

Deputy General Secretary of the New Patriotic Party (NPP), Nana Obiri Boahene, will later today, Wednesday, appear before the party's Steering Committee to answer questions on some damaging allegations he made against his party in a leaked audio that has gone vParty (NPP), Nana Obiri Boahene, will later today, Wednesday, appear before the party's Steering Committee to answer questions on some damaging allegations he made against his party in a leaked audio that has gone vparty's Steering Committee to answer questions on some damaging allegations he made against his party in a leaked audio that has gone vparty in a leaked audio that has gone viral.

According to party sources, there are several reasons for the decision not to nominate the former minister for a peerage: his support for the 2003 invasion of Iraq; a damages claim that is being brought against him by a Libyan couple who were «rendered» to one of Muammar Gaddafi's prisons; an ongoing inquiry by Westminster's intelligence and security committee (ISC) into that and other rendition allegations; and the words that were captured by the undercover reporter.

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.

Unless prohibited by law, RECIPIENT assumes all liability for claims and damages it incurs against it by third parties which may arise from the RECIPIENT's use, storage or disposal of the MATERIAL.

Unless prohibited by law, RECIPIENT assumes all liability for claims and damages it incurs against it by third parties that may arise from the RECIPIENT's use, storage or disposal of the MATERIAL.

You agree to indemnify, defend and hold harmless Pacific Biosciences, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation by you of the terms of this Image Use Agreement or Pacific Biosciences» termination of your access to or use of the Site.

You agree to indemnify and hold harmless the Weston A. Price Foundation parties from and against any claim, loss, demand, or direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorneys» fees, made by any third party due to or arising out of your use of this website, your connection to this website, your violation of these Terms and Conditions, or your violation of any rights of another party.

To the fullest extent permitted by applicable law, you agree to indemnify and hold Real Plans harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Real Plans Service; and (4) your violation of any law or the rights of 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.

Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys» fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

23.1 You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys» fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; HOWEVER THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND.

Weapons can also be upgraded in order to deal more damage and each weapon is only useful against a certain enemy which is where the party mechanics come into play.

You agree to indemnify, defend, protect, and hold harmless Edutopia, and its successors, subsidiaries, affiliates, cobranders, contractors, employees, all third - party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third - party claim, demand, loss, damage, cost, or liability (including reasonable attorneys» fees) arising out of or relating to

12.1 The User agrees to indemnify, defend and hold Auto & General, its partners, affiliates, contractors, officers, directors, employees and agents harmless against, all liabilities, damages and costs including attorney fees and costs payable to third parties arising out of a claim or dispute against Auto and General arising directly or indirectly from the User's acts and / or omissions to act in using the Services pursuant to the Terms.

Cover for 3rd party As we offer comprehensive caravan insurance, you will also be covered against the damage you and your caravan caused another party and their property.

Third Party, Fire & Theft Car Insurance covers your vehicle for accidental damage caused to a third party and against theft and fire damaged caused to your vehicle, however any damages caused to your vehicle will not be covParty, Fire & Theft Car Insurance covers your vehicle for accidental damage caused to a third party and against theft and fire damaged caused to your vehicle, however any damages caused to your vehicle will not be covparty and against theft and fire damaged caused to your vehicle, however any damages caused to your vehicle will not be covered.

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

Any violation the automatic stay may give rise to a complaint for damages against the collection party.