Sentences with phrase «provided notice of breach»

In Apacheta Corp. v. Lincare, Inc., Apacheta sued for breach of contract in claiming that Lincare's termination violated the right - to - cure provision because Lincare neither provided notice of breach nor a cure period.

If it's not, providing notice of a breach can be an important first step in protecting your legal rights moving forward.

Not exact matches

Companies who have experienced a breach may be required legally to provide notice of the incident and if there isn't a proper plan in place they could land themselves in more legal trouble.

Notwithstanding the foregoing, eLearning Industry can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from eLearning Industry's notice to you thereof; provided that, eLearning Industry can terminate the Website immediately as part of a general shut down of our Services.

(In fact, when it comes to protecting student data, Connecticut actually has a statute that provides for immunity of liability for data breach and NO notice to parents that a breach has occurred.)

It simply provided greater notice and transparency for parents and delineated contract provisions and technical security safeguards, while seeking to address misuse and instances of breach.

If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.

a) We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these Terms of Use of use.

The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that you cure such omission following email notice from Cannon Beach Photo.

Any failure to provide such credit line shall not be deemed to be a breach, as long as the World Photography Organisation uses its reasonable endeavours to rectify such failure within a reasonable period from the date of notice of such failure.

A prohibition notice may nevertheless be issued in the absence of such a breach provided there is a risk of serious personal injury.

This letter is used to provide written notice to a person or organization that is in default or breach of contract.

You want to provide written notice that a person or organization is in breach of contract.

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

This transformation of the risk assessment and recognition of the parties potentially harmed from threats to information systems are very significant developments, and, in several countries, are largely a result of data breaches and the consequences that follow under data breach notification laws (i.e. fines, the costs of providing notice to affected individuals, and reputational harm).

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

Consbec sued Mr. Walker for various alleged breaches of his duties in forming a competing company, including a failure to provide any notice prior to resigning.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

There is one potential exemption to this where a PILON is not contractual but it is paid in order to avoid a wrongful dismissal, that is a dismissal in breach of the employment contract by not providing the employee with the right, or any, notice.

Justice Price found that a termination clause that provided 1 - month notice of dismissal did not breach the ESA because at the time of termination the employee's entitlement to notice pursuant to the ESA was less than 1 month.

The tribunal must provide the claimant with not less than 14 days» notice of its intention to terminate the arbitration and determine that the claimant has not provided sufficient cause for being in breach of the Rules or the order of the tribunal.

However, a breach of contract only occurs if the employer fails to provide the employee with proper notice of the dismissal.

As of November 1, 2018, organizations across Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will be required to provide notice of certain privacy breaches.

In addition, covered entities should thoroughly examine business associate agreements to ensure that third party vendors bear the financial risk for failures to provide notice regarding breaches and to maintain adequate security measures to mitigate against the risk of disclosures.

Provide 60 days advance written notice specifying the nature of the breach or violation to BirdEye.

(2) If an employer bound by a collective agreement is or will be laying off an employee for a period that will or may be longer than a temporary lay - off and the employer would be or might be in breach of the collective agreement if the employer advised the employee that his or her employment was to be terminated, the employer may provide the employee with a written notice of indefinite lay - off and the employer shall be deemed as of the date on which that notice was given to have provided the employee with a notice of termination.

The termination provisions of the brewing and distribution agreement required notice to be provided such that the restrictive covenants would apply for a period of at least 180 days after a fundamental breach of the agreement by TBL, except for breaches incapable of remedy.

In this case, the UK branch provided services under contract to its foreign subsidiaries, subject to a duty of confidentiality, and that is how certain documents — the disclosure of which would breach the foreign confidentiality laws — came to fall within the scope of the s 20 notice.

If a security systems breach occurs, we may post a notice on one or more of our websites, or elsewhere on the Service, and / or may send email to you at the email address you have provided to us.

-- Massachusetts gets greenlight to take on Equifax: «Massachusetts can move forward with a lawsuit accusing credit reporting firm Equifax Inc of failing to safeguard its databases or provide prompt notice of a breach that exposed the personal data of 147 million people, a state court judge has ruled,» Reuters reports.

NEW DELHI (Sputnik)- The Indian Ministry of Electronics and Information Technology sent on Wednesday a notice to Facebook, asking the latter to clarify if the personal information of Indian citizens had been misused by the Cambridge Analytica firm or any other downstream entity and provide more details on the personal data breach.

BOSTON (Reuters)-- Massachusetts may move forward with a lawsuit accusing credit reporting firm Equifax Inc of failing to safeguard its databases or provide prompt notice of a breach that exposed the...