Legal Remedies definition

Legal Remedies. Any claim or controversy arising out of or relating to this limited warranty, or beach thereof, shall be settled by arbitration administered by the American Arbitration Association in Orange County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that determination shall be in writing and shall include an explanation of the basis for the determination. The determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, or senior management personnel. Furthermore, any action for breach of warranty must be commenced within three months following the expiration of the warranty period.
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Legal Remedies. EXCEPT WHERE PROHIBITED BY LAW, THE OBLIGATIONS CONTAINED IN THIS WARRANTY ARE EXPRESSLY IN LIEU OF ANY OTHER OBLIGATIONS, GUARANTEES AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF DSB REGARDING THE ROOFING SYSTEM AND THE DSB PRODUCTS INSTALLED THEREON. DSB’S TOTAL LIABILITY HEREUNDER IS LIMITED TO THE COST OF REPAIRING LEAKS IN THE ROOFING SYSTEM. IN NO EVENT SHALL DSB BE LIABLE FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, EVEN IF ANY OF THE FOREGOING ARISES FROM A BREACH OF THIS WARRANTY. MANDATORY BINDING ARBITRATION: EVERY CLAIM, CONTROVERSY, OR DISPUTE OF ANY KIND WHATSOEVER (EACH AN 4054-01/15 “ACTION”) RELATING TO OR ARISING OUT OF THE DSB PRODUCTS INSTALLED ON THE BUILDING IDENTIFIED ABOVE OR THIS WARRANTY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, REGARDLESS OF WHETHER THE ACTION SOUNDS IN WARRANTY, CONTRACT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO ARBITRATE AN ACTION AGAINST DSB, THE OWNER MUST INITIATE THE ARBITRATION IN ACCORDANCE WITH THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WHICH ARE AVAILABLE ONLINE AT XXX.XXX.XXX OR BY CALLING THE AMERICAN ARBITRATION ASSOCIATION AT 0-000-000-0000), AND PROVIDE WRITTEN NOTICE TO DSB BY CERTIFIED MAIL AT 0000 XXXXXXXXXX XXX., XXXX XXXXX, FL 33901, WITHIN THE TIME PERIOD PRESCRIBED IN THE PRECEDING PARAGRAPH. DSB SHALL BE ENTITLED TO RECOVER ITS REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, INCURRED IN ANY ARBITRATION OR LITIGATION OF CLAIMS CONCERNING THE ROOFING SYSTEM, DSB'S PRODUCTS OR THIS WARRANTY, UNLESS THE ARBITRATOR DETERMINES: (1) THERE ARE “LEAKS IN THE ROOFING SYSTEM” COVERED BY THIS WARRANTY, AND, (2) DSB HAS FAILED TO FULFILL ITS OBLIGATIONS HEREUNDER. THE ARBITRATOR(S) HAVE THE AUTHORITY TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES AND EXPENSES IN ANY ARBITRATION COMMENCED HEREUNDER. THE FINAL HEARING OF ANY ARBITRATION COMMENCED HEREUNDER SHALL TAKE PLACE IN FORT XXXXX, XXX COUNTY, FLORIDA.
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Legal Remedies means all those measures for the prevention and repression of the use of false trademarks and geographical indications adopted and applied by the Parties in accordance with their legal systems;
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Examples of Legal Remedies in a sentence

  • Administrative (Legal) Remedies for alleged breaches or disputes arising from the Agreement.

  • The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act.

  • Legal Remedies: All claims and controversies are subject to the New Mexico Procurement Code, NMSA 1978, and Sections 13-1-21 through 13-1-199.

  • Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000.

  • Allan Farnsworth, Legal Remedies for Breach of Contract, 70 COLUM.

  • The court, however, refused to certify the class under the California Legal Remedies Act or the plaintiffs’ common law claims.

  • Obtained an order dismissing plaintiffs' claims under the Consumer Legal Remedies Act.

  • Code § 17500 et seq., (c) violations of the California Consumers Legal Remedies Act, Cal.

  • Legal Remedies: All claims and controversies are subject to the New Mexico Procurement Code, NMSA 1978, §§ 13-1-28 through 13-1-199.

  • Defendant’s practices were and are in violation of California Consumer Legal Remedies Act, Civil Code § 1750, et seq., and California’s Unfair Competition Law, California Business and Professions Code § 17200, et seq., and California’s False Advertising Law, California Business and Professions Code § 17500, et seq.


More Definitions of Legal Remedies

Legal Remedies means, with respect to any Party and any item of Collateral, any remedies with respect to such item that are available to such Party at law or under its security documents.
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Related to Legal Remedies

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Law means any law, statute, ordinance, code, rule, regulation, order, writ, proclamation, judgment, injunction or decree of any Governmental Authority.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • the other party means, with respect to the Company, Parent and means, with respect to Parent, the Company.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • General relief means money payments and other forms of relief made to those persons mentioned

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Expert advice or assistance means advice or assistance derived from scientific, technical, or other specialized knowledge.

  • Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

  • Attorneys’ Fees means the full and actual cost of any legal services actually performed in connection with the matter involved calculated on the basis of the usual fee charged by the attorney performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean:

  • Prosecuting attorney means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based.

  • Foreclosure means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Breach means the acquisition, Access, Use or Disclosure of Protected Health Information (PHI) which compromises the Security or privacy of the PHI, except as excluded in the definition of Breach in 45 CFR § 164.402.

  • Competent Court of Law means any court or tribunal or any similar judicial or quasi- judicial body in India that has jurisdiction to adjudicate upon issues relating to this Agreement;

  • Threatened injury means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child’s care who has subjected the child to, or failed to protect a child from, egregious harm, or a person whose parental rights were involuntarily terminated, been found palpably unfit, or one from whom legal and physical custody of a child has been involuntarily transferred to another.

  • Creditors Rights Laws means with respect to any Person, any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to its debts or debtors.

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.