Xxxxxxxx Xxxxxxx v Sample Clauses

Xxxxxxxx Xxxxxxx v. Schal Associate, Inc. and 00 Xxxx Xxxxxx Xxxxxxx Partnership, Case No. 92L14542, filed in the Circuit Court, Xxxx County, Illinois on November 20, 1992. The plaintiff in this action, alleges that he was an employee of GMI Corporation ("GMI"), a subcontractor retained by Schal to perform work in connection with the construction of the 77 Project, and that he was injured while performing work on the 77 Project. The 77 Partnership has tendered defense of this lawsuit to the 77 Partnership's insurance carrier, which, in turn, tendered defense of the action to Massachusetts Bay Insurance Company ("MBIC"), the insurance carrier of GMI, which has accepted the defense of this lawsuit. The defense of this action is being handled by attorneys retained by MBIC. It is expected that any and all damages awarded to the plaintiff against the 77 Partnership will be fully covered by insurance.

Xxxxxxxx Xxxxxxx v. TCMC, et al., Case No. 37-2013-0036540-CU-CR-NC, filed in the San Diego Superior Court, North County See Schedule 4.9 On-going litigation

Xxxxxxxx Xxxxxxx v. TCMC, et al., Case No. 37-2013-0036540-CU-CR-NC, filed in the San Diego Superior Court, North County Plaintiff, who was wheelchair bound, was injured on a curb at the Wellness Center and has alleged violations of the Americans with Disabilities Act (“ADA”). On-going litigation. As a result of this litigation, TCMC may incur costs to make repairs to the Wellness Center to address any ADA violations, if applicable. SCHEDULE 5.2 – 1 DOCS 116569-000031/1802374.6 SCHEDULE 5.1 DEBT; CONTINGENT OBLIGATIONS

Xxxxxxxx Xxxxxxx v. The Ministry of Roads and Transportation Xxxxxxxx-Xxxxxxx v. The Ministry of Roads and Transportation, Iran-US CTR, vol. 7. (13-Jul-1984).

Xxxxxxxx Xxxxxxx v. Century Spinning Xxxxx, 1967 (2) SC 1098, which states that confidentiality obligations in a business purchase agreement stand on a different pedestal than employer-employee business relations. Injunction against unlawful disclosure: As mentioned above, confidentiality obligations can be specifically enforced – that means injunction orders under Order 39 Rule (1) and (2) of the Civil Procedure Code, 1908 can be obtained to restrain unlawful disclosure. In the referred Xxxxxx Xxxxxxxxx case, the Judge remarked “If, therefore, as concluded by me, the plaintiff has established the existence of a confidential relationship which is sought to be abused, equity requires that such abuse should be restrained; a failure to do so would render the action itself futile.” 38The cost can be commercially agreed amongst the Parties. Attribution of taxes (direct and indirect), if any, should be preferably dealt with in a separate clause. 39The obligation to pay stamp duty and registration charges may differ from case to case basis, as per the commercial understanding between the Parties. Commercial agreements in India are chargeable with stamp duty. Stamp duty rates vary depending on the State where the agreement is executed or brought into. Stamp duty needs to be paid on agreements prior to execution or (where a document is executed outside a State) within a prescribed number of days within which the agreement is brought into a particular State. 40Issuing notices by e-mail has the inherent risk of such notices being intercepted, arriving late or not arriving at all. If the receipt is disputed, the client may have to prove receipt, which will involve inspections of hard disks and servers. It is important not to rely on automatic ‘read receipt’ software, as such receipts can be triggered by someone other than the intended recipient reading the e-mail or by virtue of a firewall. Therefore, the best course of action is to provide for multiple methods of confirmation of receipt- see Clause 15.2 below. 41 Typically this would be 3 to 5 days. 42 This Clause intends to prevent the parties from raising claims on the basis of pre-contractual statements or representations which were made during the contract negotiations but are not included in this Agreement. It also ensures that there are no collateral warranties or representations other than those set out in the Agreement.