Sentences with phrase «tort claims arising out of»

Toxic tort claims arise out of allegations that exposure to a certain chemical or toxin caused an injury.

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 tclaims, 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 tClaims»), 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 you.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

In no event shall Cannon Beach Photo's total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Cannon Beach Photo website and / or image (s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Cannon Beach Photo from you for your use of the applicable Image (s).

He represents diverse businesses and industries such as land developers, resort and hotel owners, entrepreneurs and start - up companies, real estate and leasing companies, commercial landlords and tenants in matters involving breach of contract, breach of warranty and business tort claims, as well as claims arising out of fraud allegations.

Several Bermuda Form arbitrations for a major pharmaceutical company arising out of the settlement of a mass tort claim.

Hayward represents an important clarification of the circumstances in which the cause of action in deceit will lie, and it is obvious that that tort is, today, being invoked with some regularity in response to fraudulent personal injury claims (see, eg, Direct Line Group Plc v Akramzadeh (High Court, unreported, 15 June 2016) in which an insurer sued in deceit 29 persons who had fraudulently made claims arising out of motor vehicle accidents).

Successfully defending a toxic tort group action arising out of claims of harm caused by historic contamination of land used for residential housing.

4autoinsurancequote.com shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if 4autoinsurancequote.com has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third - Party Site, materials in any Third - Party Site, or the inability to use any Third - Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of 4autoinsurancequote.com's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.

IN NO EVENT WILL THE UNCHAINED CAPITAL PARTIES» TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND THE OTHER UNCHAINED CAPITAL SERVICES, INCLUDING THE APPLICATION OR RECEIPT OF ANY BITCOIN LOAN, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $ 50 AND (B) THE FEES PAID BY YOU, IF ANY, TO UNCHAINED CAPITAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER.

Defended tort claims including those arising out of the operation of emergency vehicles, defective government buildings, nuisances, property (taking) claims and other injuries occurring from governmental functions.