Sentences with phrase «result of the breach by»

From the wealth of illustration we cite only the dire result of the breach by King Saul of Joshua's oath to the Gibeonites (II Samuel, chap.

57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act.

Not exact matches

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

The change in number was reported by the Office of Personnel Management (OPM) as a result of an analysis of the data breach.

the history of this epic Facebook privacy fail is even longer than the under - disclosed events of 2015 suggest — i.e. when Facebook claims it found out about the breach as a result of investigations by journalists.

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.

Security experts challenge Gemalto's results of its «thorough» investigation of the Edward Snowden assertion that millions of SIM cards were breached by the GCHQ with help from the NSA.

But in the past few weeks the sector took a fresh round of hits when franchise group Aussie Farmers collapsed, RFG announced an $ 88 million loss and flagged up to 200 franchise - run stores would close, while pizza giant Domino's reported disappointing results on the back of franchisees complaining about a brutal business model, and Caltex announced it was ditching its franchise model days before a damning report was released by the workplace regulator that found 76 per cent of its franchised stores had payroll compliance breaches that included underpaying workers.

You agree that to the fullest extent permitted by law you shall defend, indemnify and hold harmless Orlando Stroller Rentals, LLC from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys» fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), your use of this Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or this Website, provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or sole fault of Orlando Stroller Rentals, LLC.

An inconsequential error was made by the adjudicator in relation to one of three areas he found this criterion to be in breach of the Admissions Code and as a result the decision in its entirety is being quashed and the determination process re-done.

- You must ensure that your use of the Site and of any Material is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or which is in breach of these terms.

However, official figures show the DWP has also become stricter in deciding whether to impose a sanction when confronted by a supposed breach of the rules - 76 per cent of these decisions resulted in a sanction being imposed in March 2017, compared to under 70 per cent in early 2016.

«In the light of the foregoing, our client has instructed us to serve you notice of its intention to institute legal proceeding against the State as a result of the wrongful interference by State officials with our client's right to» prospect on its concession and also a breach of its right to administrative justice, the latter cause of action resulting from the seizure and - detention of trucks without, due process as well as recover all sums of money our client must pay to Engineers an Planners by reason of the actions of die State officials responsible for the seizure and detention of the trucks.»

This resulted in three complaints [3] to the Metropolitan Police by Scottish National Party MP Angus MacNeil, Plaid Cymru parliamentary leader Elfyn Llwyd, and a third individual who continues to remain unidentified, as a breach of the law against selling honours.

He described the mayhem as just an ugly development, a breach of public peace, masterminded by hoodlums and criminals which resulted into loss of lives and property.

A joint probe by Schneiderman and Connecticut AG George Jepsen into whether their states incurred losses as a result of interest - rate manipulation by banks in the LIBOR scandal could lead to civil enforcement action, including possible breaches of antitrust and fraud laws.

As a result of the leak, the organisation was investigated by the Electoral Commission for a potential breach of election law — though it claimed the money wasn't included in the # 100,000 they have spent on Scottish elections in recent years.

And as Butterworth tweeted to his followers: «If u get excited by unreviewed results leaked in breach of confidence you'll have a distracting few months.»

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.

You agree to indemnify and hold harmless mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys» fees, resulting from any violation by you of these Terms of Sale or any breach by you of your representations and warranties hereunder.

As a condition of your use of this website, you agree to indemnify Holistic Wellness and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

(1 tspn of Daily - C in a glass of water or juice daily, hence the name «Daily - C») Long - term Vitamin C deficiency will lead to atherosclerotic deposits in the arterial walls to cover the breaches caused by the disintegrating collagen, resulting in coronary heart disease and strokes to the brain.

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

6.3 You agree to indemnify ELITESINGLES for any loss, damage, cost or expense it may incur as a result of your use of or conduct on the website, including but not limited to any breach by you of these terms and conditions.

If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.

7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

You agree you will fully indemnify us against any liability we may incur as a result of any use by you of the Services which is unlawful, or which is in breach of these terms.

You further agree that if any third party brings or threatens any action against us as a result of any alleged act by you in relation to your use of the Services which, if proved, would be unlawful or in breach of these terms, you will indemnify us against our own legal costs in defending such action or threat whether or not the alleged act is proved and whether or not our defense is successful.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

The actual breach occurred as a result of oversight on the part of a security organization tasked by the U.S. military to put their database through security tests to make sure that it could not be breached.

That's because data security breaches aren't always the result of deliberate acts by malicious external actors.

You agree to defend, indemnify and hold harmless Global Educational Excellence and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

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.

This weekend major UK retailer Carphone Warehouse announced that it had recently been hit by a major data breach which resulted in personal information of more than 2.4 million customers being compromised.

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.

11.1 By using our Site, you agree to defend, indemnify, and hold harmless Emergency Cash Limited from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Emergency Cash Limited may become obliged to pay, arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use.

Assuming the limit remained at # 1M, and assuming an annualised market return of 9 %, I would only need to make 3 years of contributions (# 120K) to breach the # 1M limit by retirement age - which would result in taxation on the difference (and hence poor financial planning in hindsight!).

You agree to indemnify VA Loan Captain and its participating lenders from and against any and all liabilities, expenses (including attorneys» fees) and damages arising out of claims resulting from your use of this website, including any claims alleging facts that if accurate would equal a breach by you of this Terms of Use Agreement.

If the security of that information is breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation of Points, redemption of Rewards, or other account activity that occurs as a result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other damages or losses claimed to occur as a result of that unauthorized access.

Breach of these provisions may result in expulsion from club membership, and / or disciplinary action by the Kennel Club and / or reporting to the relevant authorities for legal action, as appropriate.

Breach of these provisions may result in expulsion from ESSC membership, and / or disciplinary actions by the Kennel Club and / or reporting to the relevant authorities for legal action, as appropriate.

(5) Please note, we can not accept any liability for any damage, loss, expense or other sum (s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecby applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecBY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecBY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

If the security of that information is breached by Member or a third party, Hilton Honors shall not be liable for any access to that account not authorized by Member, accumulation of Points, redemption of Rewards, or other account activity that occurs as a result, and in no event shall Hilton Honors be responsible for reimbursing Member for any Points redeemed or other damages or losses claimed to occur as a result of that unauthorized access.

(a) act in any way which breaches these Terms and Conditions; or (b) abuse or misuse Qantas Frequent Flyer, any Rewards, Benefits, facilities, services or arrangements accorded to the Member as a result of Membership including by:

The news follows reports yesterday claiming Microsoft's newly launched Xbox Entertainment Awards service has been hit by a security breach resulting in sensitive information of voters being compromised.

This may amount to a breach of EU competition rules by reducing cross-border competition as a result of restricting so - called «parallel trade» within the Single Market and preventing consumers from buying cheaper games that may be available in other Member States.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

4.2.2 indemnify WRAP against all legal fees, damages and other expenses that may be incurred by WRAP as a result of your breach of the above warranty; and