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Breach of Implied Contract Sample Clauses

Breach of Implied Contract. (5) Negligence; and (6) Declaratory Judgment, the remaining counts having been dismissed upon a Motion to Dismiss. ;
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Breach of Implied Contract. (3) unjust enrichment; (4) breach of confidence; (5) violation of the Iowa Consumer Fraud Act (“ICFA”); and (6) violation of the Iowa Personal Information Security Breach Protection Act (“PIBSA”).
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Breach of Implied Contract. (5) Negligence Per Se; and (6) Breach of Fiduciary Duty. Plaintiffs voluntarily dismissed Baylor Health Care System from the federal lawsuit on April 7, 2020. Representative Plaintiffs and HMHD agreed to participate in an early mediation of the Litigation. On May 5, 2020, Representative Plaintiffs and HMHD mediated the case before the Honorable Xxxx Xxxxxx (Ret.) utilizing Zoom videoconferencing and teleconferencing. This Settlement Agreement is the result of the May 5, 2020 mediation and continued negotiations between and among the Settling Parties following the mediation. The Settling Parties filed a joint stipulation of dismissal without prejudice in the federal lawsuit and the Representative Plaintiffs re-filed their class action complaint against HMHD in state district court in Xxxx County, Texas on February 3, 2021. At all times, Plaintiffs intended to 1 At the time the federal lawsuit was filed, Xxxxxx Xxxxxxxx was also a named putative Representative Plaintiff. Subsequently, due to her failure to communicate with Class Counsel, Xx. Xxxxxxxx is no longer represented by Class Counsel and is not a Representative Plaintiff. Class Counsel confirmed that they no longer represent Xx. Xxxxxxxx by letter to her last address of record on January 15, 2021. Xx. Xxxxxxxx remains a Settlement Class Member subject to the terms of this Settlement Agreement, should it be approved by the Court. direct their claims against Xxxx Memorial Hospital District, a political subdivision of the State of Texas, and not Xxxx Memorial Hospital District Charitable Health Foundation. The improper naming of Xxxx Memorial District Charitable Health Foundation as defendant in the federal lawsuit was an inadvertent misnomer on the part of Plaintiffs. The federal lawsuit and the state lawsuit are collectively referred to herein as the “Litigation.” Pursuant to the terms set out below, this Settlement Agreement provides for the resolution of all claims and causes of action asserted, or that could have been asserted, against HMHD and the Released Persons (as defined below) relating to the Data Incident, by and on behalf of Representative Plaintiffs and Settlement Class Members (as defined below), and any other such actions by and on behalf of any other consumers and putative classes of consumers originating, or that may originate, in jurisdictions in the United States against HMHD and the Released Persons relating to the Data Incident.
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Breach of Implied Contract. (3) Violation of the New York General Business Law,
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Breach of Implied Contract. Unjust Enrichment; and (7) Violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“CFA”), 815 Ill. Comp. Stat. §§ 505/1 et seq. In addition to the XxXxxxxxxx Lawsuit, other lawsuits related to the Data Breach, which allege similar and additional causes of action, were filed in various Illinois state and federal courts. These lawsuits are: (1) Xxxxxx x. Illinois Gastroenterology Group, P.L.L.C., No. 22-cv-2273 (N.D. Ill. May 2, 2022); (2) Doe v. Illinois Gastroenterology Group, P.L.L.C., No. 22 CH 4408 (Ill. Cir. Ct. Cook Cnty. May 9, 2022); (3) XxXxxxxx v. Illinois Gastroenterology Group, P.L.L.C., No. 1:22- cv-02539 (N.D. Ill. May 13, 2022);; (4) Fliman v. Illinois Gastroenterology Group, P.L.L.C., No.22 CH 4706 (Ill. Cir. Ct. Cook Cnty. May 17, 2022); (5) Xxxxxxxxx v. Illinois Gastroenterology Group, P.L.L.C., No. 22 LA 202 (Ill. 19th Jud. Dist. Ct. Lake Cnty. May 27, 2022); and () Xxxxxxxx
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Breach of Implied Contract. (6) Unjust Enrichment; and (7) Violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“CFA”), 815 Ill. Comp. Stat. §§ 505/1 et seq.
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Breach of Implied Contract. 3) Unjust Enrichment; and 4) Violations of California’s Consumer Privacy Act, Cal. Civ. Code § 1798.100, et seq (“CCPA”).
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Related to Breach of Implied Contract

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Breach of Contract Claims [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

Most Referenced Clauses

Most Referenced Definitions