One must immediately assess the evidence and risk of a penalty and third
party damages claims.
At HSNO, Ms. Green specialized in the investigation and measurement of damages involving first party property claims, employee and corporate fraud, third party claims, product liability matters, business interruption and lost profits, contingent business interruption, extra expense, inventory, construction losses, third -
party damage claims, bankruptcy, personal injury and malpractice suits.
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 to
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
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 t
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 t
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
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
party'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.
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.
In exchange for using the website, you agree not to hold Ensemble Capital, its advisors and affiliates or any third
party service provider liable for any possible
claim for
damages arising from any decision you make based on information or other content made available to you through the website.
We shall not be liable or responsible for any
damages, or
claims, or losses, or injuries, or delays, or accidents, or costs, or business interruption costs, or any other expenses (including, without limitation, attorneys» fees or the costs of any
claim or suit), or for any incidental, or direct, or indirect, or general, or special, or punitive, or exemplary, or consequential
damages, or loss of goodwill or business profits, or loss of digital currency or digital assets, or work stoppage, or data loss, or computer failure or malfunction, or any other commercial or other losses directly or indirectly arising out of or related to our Terms; the Privacy and Transparency Statement; any service of tgtcoins.com; the use of tgtcoins.com; the use of tgt tokens; any use of your digital assets or digital currency on tgtcoins.com by any other
party not authorized by you (all of the foregoing items shall be referred to herein as «Losses»).
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.
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.
By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other
party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, «Sponsor Entities»), from any and all liability whatsoever in connection with this Promotion, including without limitation legal
claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light)(collectively, «Claims&ra
claims, costs, injuries, losses or
damages, demands or actions of any kind (including without limitation personal injuries, death,
damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light)(collectively, «
Claims&ra
Claims»).
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.
This special extension to British Cycling's motor vehicle insurance arrangements is «comprehensive» (i.e. not «third
party») in the event of a road traffic incident only and does not provide insurance cover for property or vehicle
damage claims arising, for example, from the use of radio and other event equipment or where a motorcycle has fallen to the ground from a stationary position.
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.
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.
By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to
claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released
Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third p
Parties») from any liability,
claims, demands, and cause of action from personal injury, loss or
damage, including death, or property
damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third
partiesparties.
By submitting images to Mass Audubon Picture This photo contest (hereafter referred to as «the photo contest»), participants agree to indemnify, defend and hold harmless Mass Audubon, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third
party liability for any injuries, losses,
claims, actions, demands or
damages of any kind arising from or in connection with the photo contest (collectively, «Losses»), including without limitation any third
party claim for copyright infringement or a violation of an individual's right to privacy and / or publicity right.
The Participant hereby waives any rights or
claims to attorney's fees and indirect, special, punitive, incidental, or consequential
damages of the Participant, identifiable persons, or third
parties, whether foreseeable or not and whether based on negligence or otherwise.
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.
Also
damaging is the
claim that they are the Tory
Party's patsies.
Attacking them is
damaging to the UK economy and is inconsistent with any
claim to be the
party of working people.
«Ed Miliband sent potentially
damaging emails to a
party official plotting to smear opponents, Gordon Brown's former spin doctor
claims in an explosive new book.
«On the eve of his
party's conference in Brighton, it was
claimed Mr Miliband sent «
damaging» e-mails in a plot to attack senior Tories.
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.
Ms Bailey
claims she was raped by a Labour member in 20111 and advised by a senior
party official not to report it as it could have
damaged her career.
After he defeated Teachout at the Working Families
Party convention in May, Cuomo had a brusque assessment of the drawn - out process and those who
claimed damage to his narrative or brand.
With the race for the Tory crown expected to move up a gear this week, with the backbench 1922 committee set to outline the time table for the contest, allies of Chancellor George Osborne moved to dismiss
claims he was attempting to change
party rules in a bid to
damage Mr Johnson's chances.
There were also signs that Ukip was doing remarkably well in London and the home counties, confirming Farage's
claim that he could inflict unpredictable
damage to the main
parties across England, so leaving them less than a year to win the electorate back before a first - past - the - post general election.
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.
Respondents
claim that even though they are Government contractor employees, and even though they are working with highly expensive scientific equipment, and even though the Government is seeking only information about drug treatment and information from third
parties that is standard in background checks, and even though the Government is liable for
damages if that information is ever revealed, and even though NASA's Privacy Act regulations are very protective of private information, NASA's background checks are unconstitutional.
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.
PCOS Challenge, Inc. makes no warranty as to the accuracy of any information on third
party websites and accepts no liability for any
claims, errors, and omissions or for any
damage or injury to persons or property arising out of the use or operation of any products, materials, instructions, methods or ideas provided by third
parties.
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.
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 indemnify and hold Tommy Bahama (and its officers, directors, agents, subsidiaries, joint ventures, employees and third -
party service providers), harmless from all
claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys» fees, arising out of a breach of your representations and warranties set forth above, your use of this Website, or your violation of any law or the rights of a third
party.
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:
IN NO EVENT WILL BRAND YOU MAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, EDITORS, AND REPRESENTATIVES BE HELD LIABLE FOR ANY
DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL
DAMAGES, LOSS OF INCOME OR DATA, LOSS OF OR
DAMAGE TO PROPERTY, PERSONAL INJURY, AND
CLAIMS OF CUSTOMERS OR THIRD
PARTIES ARISING FROM ANY CUSTOMERS» INTERACTION, INVOLVEMENT, AND RELATIONSHIP WITH MEMBERS OF THE ONLINE AND / OR OFFLINE DATING COMMUNITY OF ANY KIND, EVEN IF BRAND YOU MAX WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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
In this case, the issue isn't which major
party candidate for governor will do more
damage to teachers and public education, but whether the candidates and their supporters are accountable for the rhetoric and
claims they make during this campaign season.
Accidental property
damage If your vehicle accidently causes
damage to other people or their property, you needn't stress as your 3rd
party cover only allows you to
claim for that too.