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"indemnify" Definitions
  1. indemnify somebody (against something) to promise to pay somebody an amount of money if they suffer any damage or loss
  2. indemnify somebody (for something) to pay somebody an amount of money because of the damage or loss that they have suffered

254 Sentences With "indemnify"

How to use indemnify in a sentence? Find typical usage patterns (collocations)/phrases/context for "indemnify" and check conjugation/comparative form for "indemnify". Mastering all the usages of "indemnify" from sentence examples published by news publications.

Aetna wants KCC to indemnify it for the entire cost of the notification disaster.
In many cases, terms-of-service documents indemnify companies against legal consequences for breaches.
Britain's finance ministry said it would indemnify the BoE against any losses if businesses default.
Each Entrant agrees to defend and indemnify Sponsor for any breach of the above representations.
As part of the Otto deal, Uber agreed to indemnify Levandowski against any legal action, Kalanick said.
The European Union already has begun efforts to indemnify European companies from losses because of U.S. sanctions enforcement.
Gevers said he could not comment on the Breitmans' request that the foundation indemnify them against legal actions.
For example, the 1957 Price-Anderson Act helps indemnify the old-nuclear industry against lawsuits arising from nuclear accidents.
It's up to you whether you indemnify them and print the story, which is what they always say to you.
But the bills wouldn't merely indemnify industry; they would entrench all the state law provisions, including those that are patient-hostile.
Terry Gilbert, a lawyer for Mr. Smith's family, said the city was required to indemnify employees who have judgments filed against them.
Amazon decided against selling the book in Britain (and some other European countries) after Hachette refused to indemnify it against legal action.
By renting a Bird, you're agreeing to "fully release, indemnify, and hold harmless" the company for injury, death, property damage and other losses.
Blackouts or even the fear of them, the advocates argue, gives the utilities leverage in further efforts to get the state to indemnify them.
The United States government also agreed to indemnify the men and their company, including paying legal fees, judgments and settlements up to $5 million.
It's unclear whether Clearlake Capital, the leading investor in JetSmarter, agreed to indemnify Vista against certain legal or member claims against the private jet service.
In September, O'Keefe and his associates at Project Veritas sued Gemini Insurance Company for "wrongful denial to defend and indemnify" Project Veritas over three lawsuits.
Trudeau has publicly vowed to build the pipeline with or without Kinder, and offered to indemnify the company against losses related to B.C.'s delays.
Also, the company will usually indemnify directors from any liabilities they incur in their capacity as a director, like if they get sued by stockholders.
Some have urged working with courts to aid, rather than hinder, prosecutions of abusive priests and ceasing efforts to indemnify the church from financial penalties.
For clients dissatisfied with the work on their properties, Mr. Morris said Oceanpointe had agreed to indemnify Morris Invest against all lawsuits and investor claims.
EMI came to me and said, 'You put this in the arrangement, so now you've got to indemnify us against any action that might be taken.
Perhaps it's just Zuckerberg hedging his bets as a way to indemnify his remarks from criticism when the next inevitable bad news break hits the wires.
In response, federal and Alberta officials scrambled to rescue the project, promising to indemnify Kinder Morgan against further cost overruns from political roadblocks in British Columbia.
If the Fed did change its policy, it should be accompanied by agreement from the U.S. Treasury to indemnify the central bank against losses, Rosengren added.
The patents cover network equipment for more than 20 of the company's vendors including major U.S. tech firms but those vendors would indemnify Verizon, the person said.
I shall have no further claims on any ownership of the below-artworks and indemnify [DiCaprio] from any liability whatsoever resulting directly or indirectly from these art-work.
If that were to happen, the product makers would almost certainly have to indemnify their retailers, said Paul Janicke, a professor at the University of Houston Law Center.
They did, a few weeks ago, sort of say, Well, if we do put this rebate rule in, we will kind of indemnify you against some of these losses.
JPMorgan had filed lawsuits seeking to force the FDIC to indemnify it on claims relating to the WaMu purchase, in which it also assumed some of the thrift's liabilities.
After the Office of Redress Administration was established as part of the Justice Department in 1988 to indemnify Japanese-Americans who had been interned, Mr. Shibayama applied for reparations.
It also seeks to indemnify local law enforcement officials who detain immigrants on behalf of the federal authorities from lawsuits, making the federal government the defendant in such cases.
The political class likes big omnibus bills because it helps indemnify them from individual criticism and helps them avoid having to actually work with the public any more than necessary.
They are trying to indemnify themselves against lawsuits by saying that A, this was a terror act, and B, it&aposs just too many people who are coming forth to sue.
It won't indemnify him from severe blame if things go wrong, and no one will be surprised if he still takes a great deal of the credit if things go right.
Mr. Goulds said the gallery paid for the original installation of the work and had since covered insurance to indemnify the city as well as maintenance like repainting after graffiti tagging.
It's still unclear whether the FTC will take any action in response to the Messenger Kids issue, although Facebook says the settlement would not currently indemnify the company from such a suit.
Google fought tooth and nail to take back every penny paid to Anthony for his multibillion dollar contributions and now Uber is refusing to indemnify Anthony despite explicitly agreeing to do so.
Not necessarily, according to legal experts, who say that in most of the cases, it seems that prospective prank victims signed releases designed to indemnify Mr. Cohen and his producers from legal claims.
As I read these words, I realized again how complete is the silencing rhetoric among conservative evangelicals in the United States today, and how deeply they indemnify themselves from blame for adverse outcomes.
The Economist accepts no responsibility if entrants ignore these terms and conditions and entrants agree to indemnify The Economist against any claim by any third party from any breach of these terms and conditions.
To get his hands on Warhol's Capote tapes, Mr. Roth said he had to agree to indemnify the foundation, to give it full script approval and also a joint author's share of the profits.
RBS, which underwrote but did not sponsor securities at issue in the case, said in an August filing with U.S. securities regulators that it would seek to have Nomura indemnify it for its losses.
While the "No Sanctuary" bill would indemnify states and localities from civil liability for good-faith enforcement of detainers, it does not address the Fourth Amendment problems behind detaining people under warrantless immigration detainers.
Unless the British government wishes to break European rules, and indemnify any future buyer, its ability even to tide over Port Talbot if it thinks a private buyer could in fact be found is limited.
Allergan argued that Pfizer under the terms of an agreement Actavis signed with King in 2008 was required to indemnify it for any damages arising out of the pre-2009 marketing and sale of Kadian.
In July 2017, according to the lawsuit filed in the New York state Supreme Court, the Trump Organization agreed to indemnify Cohen and to pay his attorneys' fees and costs in connection with related investigations.
In its amended suit, Qualcomm says that Apple has been withholding payments to suppliers and encouraging them to similarly withhold those amounts from Apple, all while promising to indemnify the suppliers if Qualcomm takes legal action.
"But now that more than a thousand lawsuits seek to impose liability for that very marketing and sale, Pfizer has rejected any responsibility to indemnify Allergan," alleged Allergan Finance LLC, the subsidiary that filed the lawsuit.
In a decision on Tuesday, U.S. District Judge Mark Mastroianni in Springfield, Massachusetts left open the question of whether American International Group Inc must indemnify Cosby for damages he may be required to pay the women.
She said their employment relationship "formed a legal and special relationship" that obligated the estate to indemnify her, and that one of its executors "made assurances" it would do so, but the estate has ignored her Nov.
Orianna, which operates as 4 West Holdings Inc, said in court papers on Friday the stay should be extended because it is bound by contracts to indemnify parties with whom it has been sued in dozens of lawsuits.
The U.S. Department of Energy has authorized the settlement and is expected to indemnify the full $375 million cost agreed to by Rockwell Automation and Dow Chemical to conclude the federal class action filed in 1990, the companies said.
A former Cantor Fitzgerald bond trader who was acquitted of fraud charges has sued the investment bank, claiming he paid $3.5 million in legal fees out of his own pocket after the bank breached an agreement to indemnify him.
MLB paid Bosch off for his cooperation, agreed to indemnify him, and interfered in a state investigation when it ignored warnings and bought the (likely stolen) documents it later used to pin a 162-game suspension on A-Rod.
A few days later, Dermot Ahern, a former foreign minister, said to similar outrage that Cardinal Sodano had suggested to him in 2004 that the Irish government should indemnify the church against court-ordered compensation for victims of abuse.
Finance minister Philip Hammond said on Thursday he did not plan to extend his predecessor's scheme to indemnify high loan-to-value mortgages - which expires at the end of this year - though other subsidies for house purchase will continue.
In the appeal, the court ruled the company will not have to indemnify the eight communities, but it upheld part of the ruling requiring the company to re-apply for its environmental licensing, including a community consultation process, the spokesperson said.
"The Trump Organization agreed to indemnify Mr. Cohen and to pay attorneys' fees and costs incurred by Mr. Cohen in connection with various matters arising from Mr. Cohen's work with and on behalf of the Organization," the court filings reportedly read.
A common scenario is a swap in which a city will indemnify a school in exchange for the school opening its gates for community use, resulting in "a new park that's been sitting there all along — taxpayer paid," Winig said.
The Company will indemnify and hold Vice harmless from and against any and all liabilities, reasonable costs and expenses (including reasonable outside attorneys fees) resulting from any and all claims asserted against Vice arising out of Company's use of the Clips.
"Google fought tooth and nail to take back every penny paid to Anthony for his multibillion-dollar contributions and now Uber is refusing to indemnify Anthony despite explicitly agreeing to do so," wrote Neel Chatterjee, Levandowski's lawyer, to the Journal.
The legal dispute between Fiat Chrysler and Cummins began in August when Fiat Chrysler sued the engine maker in U.S. District Court in Detroit for breach of contract, saying the Indiana engine company failed to provide working parts and would not indemnify it.
"[W]e have a situation where no insurance company is going to indemnify you or support you should there be an injury at your home, so your insurance policy is wasted," Rockland County, New York executive Ed Day told CBS New York.
CBS has not agreed to indemnify the former employees in this position, according to people with knowledge of discussions about the issue, meaning that the company would not cover their legal costs or damages in the event that they were sued by individuals.
They were convicted last year of that crime and were fined but the central bank filed a suit, the first of its kind in Israel, as a continuation of criminal proceedings to indemnify it for damages caused as a result of the defendants' actions.
A federal judge in Ohio has dismissed a lawsuit seeking to force Pfizer Inc to indemnify Allergan PLC for any damages it must pay as a result of hundreds of lawsuits over the marketing of an opioid Allergan acquired from a company Pfizer owns.
The use of the magic word "donation" was not enough to indemnify coin issuers against the charge of selling unregistered securities; if it was unfair that a coin issuer was to be judged by somebody else's expectation of a return, well, that was the law.
From the question-and-answer session with investors at the JPMorgan Healthcare Conference in January: "Just curious, what's the ability for legacy Mallinckrodt to indemnify itself for the generics, then, in case there is some sort of settlement of legal liability on the opioids?" one investor asked.
" They are also concerned Google is trying to transfer liability for obtaining consent onto publishers — asserting: "Given that your now-changed terms are incorporated by reference into many contracts under which publishers indemnify Google, these terms could result in publishers indemnifying Google for potentially ruinous fines.
On Tuesday, the Assembly passed a bill that would allow state prosecutors to pursue state charges against any person granted a presidential pardon on similar federal charges, undoing a loophole in the face of concern about Mr. Trump abusing his pardon power to indemnify former associates.
And just as it had again and again — in cases of death, injury, and workplace mistreatment — the company invoked the carefully worded agreement it requires all delivery firms to sign, obliging them to defend and indemnify it from, or assume responsibility for, any and all legal claims.
Some company such as Lloyds of London, which just wrote a policy for the Gies College of Business at the University of Illinois at Urbana-Champaign to indemnify the school in the event that something might drastically curtail enrollment by Chinese students in its colleges of business and engineering.
New York (CNN)President Donald Trump's former personal attorney, Michael Cohen, sued the Trump Organization on Thursday, saying that after Cohen began cooperating with federal investigators, the company failed to fulfill its contractual obligations to indemnify him or pay his legal bills relating to his work for the firm.
"We support the First Amendment altogether and want people to get out and do what they want," said State Senator George B. Gainer, Republican of Florida, who has proposed legislation that would raise fines for blocking traffic and, like the Tennessee measure, indemnify drivers who accidentally hit protesters.
Although the insurance companies are choosing not to reveal what they found during their investigation "in order to protect the privacy of Mr. West from public disclosure of details of his private life," they are seeking declaratory relief that they "have no duty to indemnify" West's company, Very Good Touring, Inc.
The 8th U.S. Circuit Court of Appeals affirmed a lower-court ruling that Employer Mutual Casualty Company had no duty to defend or indemnify Restaurant Recycling LLC in a state-court lawsuit by New Fashion Pork for supplying an allegedly contaminated ingredient for its swine-feeding operations in Indiana and Illinois in 2014.
But one of the things that happened is there's been a new law that allows that type of sharing and some would indemnify you from anti‑trust, from whatever other problems you could have if you agree ‑‑ what it's called, an ISAC, where you sort of roll it all up into a database that people can look at.
"Additionally, by failing to indemnify Mr. Cohen, as required under the indemnification agreement, only after it became clear that Mr. Cohen would cooperate in ongoing investigations into his work for the Trump Organization and its principals, directors, and officers, the Trump Organization breached the covenant of good faith and fair dealing in the indemnification agreement," the lawsuit alleges.
You hereby agree to indemnify, defend (with counsel acceptable to the Trump Person you are defending) and hold harmless each Trump Person from and against any claim, demand, suit, proceeding, damages, cost, loss or expense of any kind or nature, including but not limited to reasonable attorneys' fees and disbursements, incurred by any Trump Person as a consequence of your breach of any of your promises or agreements in this agreement. c.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE PRIZES AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES AND FACEBOOK FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE PRIZES AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS.
August-September 2014 The former vice president claims the station owes him and a partner $65 million from a deal to buy his network, Current TV. The network says it is entitled to keep money held in escrow – and conceivably owed to Mr. Gore and his partner, Joel Hyatt – because the two "did not live up to a promise to indemnify the network for claims made against Current TV." April 2015 Matthew Luke, formerly the network's director of media and archive management, files a lawsuit in New York Supreme Court claiming wrongful termination.
Only three (3) alternate winners will be selected after which the Grand Prize will remain un-awarded THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DEATH, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY GRAND PRIZE (OR PORTION THEREOF) AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS.
By submitting an entry, each Entrant agrees to indemnify, defend, release, discharge, and hold harmless Sponsor and its affiliates, subsidiaries, promotional partners, and agents, and all others associated with the development and execution of this Contest, and the officers, directors, and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including, without limitation: (i) claims for injury, loss, or damage of any kind resulting from participation in this Contest or acceptance or use of any prize; and (ii) claims based on rights of privacy, rights of publicity, false light, defamation, copyright, and/or trademark infringement relating to the submission or exploitation of the Entrant's Essay.
Salvatore Cortesi. 1928, February 11. "Italy to Indemnify Church, Rome Hears". New York Times. p. 4.
Each time, the motion to indemnify the diocese failed.Lord, Harrington & Sexton, p. 2:237 In 1846, the assembly voted to provide the diocese with $10,000.
A property owner may purchase insurance to indemnify against the loss of use of property, especially real property, such as a home, office, or business premises.
Knowing that its defense and settlement costs are being borne by the indemnitor, the indemnitee may be encouraged to engage a more expensive legal team or pursue a riskier defense strategy than it would otherwise. For this reason, most indemnitors are unwilling to indemnify against claims when they do not control the defense of the claim." The American Bar Association has published advice on negotiations of construction contracts: that (1) owners try to get contractors to indemnify as much as possible, while (2) contractors (a) only indemnify for their own negligence and (b) "establish a right but not a duty for the contractor to defend under an indemnification claim." An example of letting the indemnitor control costs is in the case of a contractor for a homeowners association (HOA), where "Contractor shall indemnify, defend (by counsel reasonably acceptable to Association) and hold harmless the Association.
While the duty to defend and the duty to settle are rare outside of English-speaking North America, the duty to indemnify is universally found in liability insurance policies.
The insurers, who paid £1600 and costs, sued the son in the name of the company (which was not consulted) by right of subrogation to indemnify them for this sum.
Liability insurers have one, two or three major duties, depending upon the jurisdiction: # the duty to defend, # the duty to indemnify, and # the duty to settle a reasonably clear claim.
In 2015, Section 12 of the Deregulation Act amended the Outer Space Act to ensure licenses specify the licensee's liability to indemnify the government regarding space activities authorised by the license.
They are also > bound to indemnify the Edinburgh Road Trustees, the Bathgate, and another > Trust, in any Diminution of Tolls arising from these Turnpike Roads, which > may be affected by their Canal.
The duty to defend is a liability insurer's duty to defend the insured against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify. It covers both civil suits and alternative dispute resolution procedures. In American courts disputes regarding the application of the duty to defend are generally resolved in the insured's favor.
If the agent has acted without actual authority, but the principal is nevertheless bound because the agent had apparent authority, the agent is liable to indemnify the principal for any resulting loss or damage.
If the Agent has acted without actual authority, but the Principal is nevertheless bound because the Agent had apparent authority, the Agent is liable to indemnify the Principal for any resulting loss or damage.
To "indemnify" means to make whole again, or to be reinstated to the position that one was in, to the extent possible, prior to the happening of a specified event or peril. Accordingly, life insurance is generally not considered to be indemnity insurance, but rather "contingent" insurance (i.e., a claim arises on the occurrence of a specified event). There are generally three types of insurance contracts that seek to indemnify an insured: # A "reimbursement" policy # A "pay on behalf" or "on behalf of policy"C.
The Committee found that, under the law as it stood, George was disqualified. A bill to indemnify George from the consequences of having acted as an MP while disqualified, and validate his election, was also passed.
The Company shall indemnify, in the manner set out in sections 44 to 47 hereinabove, any person who acts at its request as a director for another legal person of which it is a shareholder or creditor.
In the United States, the articles of association often includes an indemnification provision holding the officers harmless for losses occurring due to their role in the company. The purchased insurance is typically in addition to this corporate indemnification, or reimburses the corporation. In some states corporations may be mandated to indemnify directors and officers in order to encourage people to take the positions and in most cases the corporations have the option to indemnify their officers. However, in certain cases the corporation may be explicitly forbidden from indemnifying such director or officer.
There is no commercial business of bail bondsman or bail insurance in Canada. Standing surety for a fee is a criminal offence, as is agreeing to indemnify a surety. Both are considered obstruction of justice.Criminal Code, s. 139(1).
Maritime Casualties, 1963–1996. Lloyd's of London Press, 1997 Sulpicio Lines announced three days after the accident that Doña Paz was insured for (about in 2019 dollars), and it was willing to indemnify the survivors the amount of ( during 2019) for each victim. Days later, hundreds of the victims' kin staged a mass rally at Rizal Park, demanding that the ship owners likewise indemnify the families of those not listed on the manifest, as well as to give a full accounting of the missing. Nonetheless, the Board of Marine Inquiry eventually exculpated Sulpicio Lines of fault in the accident.
If the agent has acted within the scope of the actual authority given, the principal must indemnify the agent for payments made during the course of the relationship whether the expenditure was expressly authorized or merely necessary in promoting the principal's business.
In 1937, the Japanese Imperial Army threatened Shanghai. Being unable to indemnify war damages, the insurance companies had their assets frozen. The Union Bank then purchased the building. In 1949 the Union Bank evacuated from Shanghai in the wake of the Communist takeover.
If the Agent has acted within the scope of the actual authority given, the Principal must indemnify the Agent for payments made during the course of the relationship whether the expenditure was expressly authorized or merely necessary in promoting the Principal’s business.
Archived at Webcite. The bond typically includes an indemnity agreement whereby the principal contractor or others agree to indemnify the surety if there is a loss. In the United States, the Small Business Administration may guaranty surety bonds; in 2013 the eligible contract tripled to $6.5 million.
Most policies provide for payment of monetary damages as well as any costs, expenses, and attorney's fees which the plaintiff may also be entitled to as the prevailing party. Unlike the duty to defend, the duty to indemnify extends only to those claims or causes of action in the plaintiff's complaint which are actually covered under the policy, since a final judgement against the insured would normally be supported by a factual record in the trial court showing exactly why the plaintiff prevailed (or failed to prevail) on each claim or cause of action. Thus, an insurer could have a duty to defend based on mere allegations that show a potential for coverage, but may not have a duty to indemnify if the evidence supporting a final judgement against the insured also takes those claims or causes of action completely outside of the policy's scope of coverage. Conversely, it is also possible that an insurer may have no duty to defend based on the initial allegations of the plaintiff's original complaint, but may have a duty to indemnify based upon the policyholder's proven liability.
After a bitter and bloody struggle, the British imperialist authorities in Hong Kong were finally forced to raise wages, lift the ban on the Seamen's Union, release the arrested workers and indemnify the families of the martyrs. The crews of the Yangtze steamers went on strike soon afterwards, carried on the struggle for two weeks and also won victory.
However, Mexico canceled the contract four days later because of doubts over the bidding process. In 2015, Mexico opened a new tender, which was revoked again. Hence, Mexico could indemnify China Railway Construction Corporation $1.31m. President-elect Andrés Manuel López Obrador announced a US$7.4 billion plan to build a tourist and freight railway on the Yucatán Peninsula in September 2018.
For example, under a contract of indemnity insurance, the insurer agrees to indemnify the victim for harm not caused by the insurer, but by other parties. Because of the difficulty in establishing causation, it is one area of the law where the case law overlaps significantly with general doctrines of analytic philosophy to do with causation. The two subjects have long been intermingled.
The government organized the Escalante Massacre Fact-Finding Commission chaired by Ombudsman Justice Raul M. Gonzalez (as of 2007, the Secretary of the Department of Justice). The commission recommended that the government indemnify the victims' next of kin. This was never done. In 2003, three low-ranking policemen jailed for their alleged role in the massacre were released on parole.
The principal must indemnify the agent for all loss or liability duly incurred by the agent in the execution of the mandate, or directly caused to the agent by the execution.Voet 17.1.13; Van Leeuwen CF 1.4.24.12; Blumenthal v Bond 1916 AD 29 at 37; Weber & Pretorius v Gavronsky Bros 51; De Villiers v The Beaufort West Municipality 1924 CPD 501 at 504.
Insurance in the former case entails agreements of mutual aid. If one family's house gets destroyed, the neighbors are committed to helping rebuild it. Public granaries embodied another early form of insurance to indemnify against famines. The first methods of transferring or distributing risk in a monetary economy were practiced by Chinese and Babylonian traders in the 3rd and 2nd millennia BC, respectively.
BMP insisted on retaining the amount it still held. BNS then restrained the funds in accounts under its control that it linked to the forged cheque. RBC and BNS entered into an agreement by which BNS was, at RBC's request, to transfer the restrained funds to RBC and RBC was to indemnify BNS for any losses related to the restraint and transfer. BNS transferred $777,336 to RBC.
Indemnity clauses. s4, A party dealing as a consumer cannot contract to indemnify a third party on behalf of the other party, except insofar as it satisfies the requirement of reasonableness. Sale of goods. s6(3), Implied terms as to description, quality and sample (Sale of Goods Act 1979 ss 13–15) may only be reasonably excluded where neither party is dealing as a consumer. Misrepresentation.
In 2000: Pharmacia spun off its agro-biotech subsidiary into a new company, the "new Monsanto", focused on four key agricultural crops—soybeans, maize, wheat and cotton. Monsanto agreed to indemnify Pharmacia against potential liabilities from judgments against Solutia. As a result, the new Monsanto continued to be a party to numerous lawsuits over the prior Monsanto. Pharmacia was bought by Pfizer in 2003.
The oil spill caused by the Torrey Canyon in 1967 caused a public awareness about the environmental dangers of oil tankers. Oil companies united in 1970 in the Oil Companies International Marine Forum to become involved in the following issuing of rules such as MARPOL 73. In 1968 also the International Tanker Owners Pollution Federation was founded to indemnify the victims.Devanney, 2006, p. 25-27.
Termo de Audiência Processo 2010.01.1.043464-9 On May 27, 2013, Amorim was convicted by the 18th Civil Court of Brasília to indemnify the minister of the Supreme Court, Gilmar Mendes, for offensive publications in your blog. In all, the blogger was sentenced to pay $100,000, which were donated to the Association of Parents and Friends of Exceptional (APAE) of Diamantino (MT), hometown of the minister.
Once peace was restored in France, Elizabeth refused to withdraw her troops, stating that she had taken Le Havre not for religious reasons but to indemnify her for the loss of Calais, which was rightfully hers. The regent of France, Catherine de' Medici sent both Catholic and Huguenot troops against Le Havre, which surrendered on 28 July 1563. Feeling betrayed by the Huguenots, Elizabeth never trusted them again.Knecht, p. 93.
Carbonite offers telephone support to recover from ransomware viruses. Terms also disclaim any warranties and damages, require arbitration in Boston, and disallow class action suits. Terms require users to pay (indemnify) Carbonite's losses if they relate to improper actions by the user. On a Windows PC, Carbonite backs up everything in the Documents and Settings folder, including the desktop, favorites, and all other files except for temporary, log and video files.
Howard, p. 65 He was also a member of the Committee on Naval Affairs. During his term, he introduced legislation to reimburse and indemnify persons who were fined under the 1798 Sedition Act. He found state politics more interesting, however, and this fact, coupled with increased financial responsibilities incurred by the birth of his third and fourth children, prompted his decision to resign his seat on March 3, 1819.
In April 2012, Addison Lee's chairman John Griffin instructed all of its drivers to begin using bus lanes, against the will of Transport for London. Griffin argued that allowing only licensed black taxis to use the lanes was "unfair discrimination". Griffin also secured a judicial review against Hackney Carriage legislation saying it was archaic. John Griffin said the firm would "indemnify any fines or payments" that the firm's drivers would incur.
The decline in revenue led the company to sell several commercial properties it owned in 2009, including the company's Learjet. That year YTB also sold RezConnect, by then its technology and booking arm, to two of RezConnect's officers. Under the terms of the sale, YTB would indemnify the new owners for any YTB-related liabilities. In 2011 the company sold its headquarters building and adjoining property for $7.6 million.
Finally, in order for the deal to go through, the bill would require the Powell Recreation District to agree in writing to: (1) pay administrative costs associated with such conveyance, including the costs of environmental, wildlife, cultural, or historical resources studies; and (2) release and indemnify the United States from claims or liabilities that may arise from the uses carried out on such land on or before this Act's enactment.
House in Salinas, California, under foreclosure, following the popping of the U.S. real estate bubble. Once debtors prisons were abolished during the early 1800s, creditors had no solid recourse against delinquent debtors. If collateral was involved in the debt, such as with a mortgage, the creditor could take the property in order to indemnify themselves. However, for unsecured debt, creditors could not collect on their investments if the debtors had no money.
Nevertheless the company is not responsible for any damages from lost information, and does not guarantee accuracy or security of its service or website. The company and its users agree to arbitration by a specific arbitration company (JAMS) under Delaware laws, or small claims court in northern Virginia. Users agree to organize and pay for legal defense of ID.me and indemnify any losses it suffers, if it is sued by third parties.
GFR authority derives from two Defense Federal Acquisition Regulation Supplement (DFARS) contract clauses known as the Ground and Flight Risk Clause and the Flight Risk Clause. Any DoD contract involving the production, modification, maintenance, repair, or overhaul of aircraft must contain one of these two clauses which requires the US Government to assign a GFR to oversee the contractor's operations. These two clauses serve to both indemnify the contractor (reducing program expenses) and also to help protect the assets.
After playing his first professional years at LEB Bronce with Real Madrid B and Cáceres 2016, in Summer 2009 he surprisingly rescinded his contract with Cáceres for moving to Gran Canaria 2014. After complaining Cáceres this decision, Bellas was condemned to indemnify the Extremenian team with €9,400. Bellas played in Gran Canaria during six seasons, reaching the 2015 Eurocup Finals. In Summer 2015, Bellas was invited by Atlanta Hawks to play the 2015 NBA Summer League.
The Chinese government was forced to indemnify the victims and make many additional concessions. Subsequent reforms implemented after the crisis of 1900 laid the foundation for the end of the Qing Dynasty and the establishment of the modern Chinese Republic. During the Boxer rebellion, 59 American servicemen received the Medal of Honor for their actions. Four of these were for Army personnel, twenty-two went to navy sailors and the remaining thirty-three went to Marines.
When the representative of the original owners of Mickiewicz's epic, the Tarnowski family, came to reclaim their "deposit" of the Polish national bard's manuscript after the Fall of the Berlin Wall in 1989, its destiny seemed on a knife-edge. Delicate negotiations as described by the Ossolineum's director, Adolf Juzwenko, and Mr. Tarnowski eventually led to a 1/3 purchase and 2/3 donation, which managed to both indemnify the family for a sum and ensure the autograph stayed in the Ossolineum.
The Papists Act 1734 (8 Geo. 2, c. 25) was an Act of Parliament passed by the Parliament of Great Britain during the reign of George II. Its long title was "An act to indemnify protestant purchasers of estates of papists, against the penalties or forfeitures papists are liable to for not having enrolled their estates, in pursuance of an act of the third year of king George the first for that purpose".James Thomas Law, The Ecclesiastical Statutes at Large: Vol.
On 18 April, the National Assembly approved an Indemnity Bill that backdated to January 2000 and amended the Indemnity Act of 1982, allowing Jammeh to indemnify anyone "for the purpose of promoting reconciliation in an appropriate case." Jammeh signed the bill in May. In essence, it prevented the families of those killed from seeking redress in the courts. Hawa Sisay- Sabally has since described the act as "tantamount to a coup against the 1997 constitution" and it has been widely criticised.
Insurance is a financial instrument, which allows exposed individuals to pool resources to spread their risk. They do so by contributing premium to an insurance fund, which will indemnify those who suffer insured loss. This procedure reduces the risk for an individual by spreading his/her risk among the multiple fund contributors. Insurance can be designed to protect many types of individuals and assets against single or multiple perils and buffer insured parties against sudden and dramatic income or asset loss.
In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under the relationship. While the events giving rise to an indemnity may be specified by contract, the actions that must be taken to compensate the injured party are largely unpredictable, and the maximum compensation is often expressly limited. There is no unified law of indemnities: the law governing indemnities varies from country to country, because contract law itself varies from country to country.
Vector Shipping was found liable for the crash, while the chartering company, Caltex, was absolved of responsibility. In a judgement on 24 July 2008, The Supreme Court of the Philippines absolved Caltex Philippines (now Chevron) from any liability in the collision between Doña Paz and Vector. The decision affirmed the Court of Appeals' ruling against Vector Shipping and its owner Francisco Soriano. gmanews.tv/story, SC absolves Caltex in MV Doña Paz tragedy Vector was ordered to reimburse and indemnify Sulpicio Lines Php 800,000.00.
Some rights are inviolable, including amongst others the rights to life and to human dignity; the prohibition of discrimination on the grounds of race, sex or religion; the prohibition of torture or inhuman punishment; and the right of accused people to a fair trial. Any violation of a constitutional right must be strictly required by the emergency. Emergency measures may not indemnify the government or individuals for illegal actions. They may impose criminal penalties, but not exceeding three years' imprisonment.
In 1970, the Mexican government had expropriated the 320 hectare (790 acres) Ejido Tampico to expand the Tijuana airport and build a new runway and passenger terminal. In 1970, the Mexican government established a value on the expropriated land from the Ejido Tampico at $1.4 million pesos ($112,000 U.S. dollars in 1970). When the Mexican government failed to indemnify the ejidatarios (the communal farmers) for their lost farmland, they reoccupied a 79 hectare (200 acre) portion of the expropriated 320 hectare (790 acre) Ejido.
Parametric insurance is a type of insurance that does not indemnify the pure loss, but ex ante agrees to make a payment upon the occurrence of a triggering event. The triggering event is often a catastrophic natural event which may ordinarily precipitate a loss or a series of losses. But parametric insurance principles are also applied to agricultural crop insurance and other normal risks not of the nature of disaster, if the outcome of the risk is correlated to a parameter or an index of parameters.
In 1955 he was caught up in a minor constitutional crisis over his local Directorship of the Bank of New Zealand. With the Bank's shares vested in the Crown, the Directorship was technically an 'office of profit under the crown' and as such a disqualification from the House of Commons. Holland-Martin immediately resigned his office while the law was changed and an Act of Parliament was passed to indemnify him from the consequences of having acted as a Member of Parliament while disqualified.
Forbes returned to Barcelona, and found orders from home forbidding the disposal of the Genoese treasure, which sorely disconcerted the Spanish court. Forbes came to England bearing an autograph letter from Charles III to Queen Anne. Eventually, the British government decided to retain the capture and indemnify the Genoese republic. In the end Forbes accepted 6,000 £ in lieu of what had promised to prove a large fortune. Full details of the transaction are given in Memoirs of the Earls of Granard, pp. 87–93.
Ms Singh brought motion proceedings in a Local Division, claiming an order for the return of her vehicle, which was then in the possession of Santam. The insurance company had issued a motor dealers' external risks policy to a firm owned by one "M." Singh's car was damaged in an accident in circumstances such that Santam was obliged to indemnify "M" under the policy. "M" submitted a claim form in respect of the damage, and Santam instructed a panelbeater to effect repairs and paid for them.
During 2004's RAGBRAI XXXII, Kirk Ullrich was thrown from his bicycle after contacting a crack in the center of the road and died. Ullrich's widow Betty Jo Ullrich sued Crawford County and settled for $350,000. The board of supervisors for Crawford County banned RAGBRAI (and other, similar events) to avoid future liability. As of December 2008, however, Crawford County supervisors voted to rescind this ban after the RAGBRAI organizers took steps to indemnify third parties in the case of such events in the future.
Insurance in Serbia refers to the market for risk in the Republic of Serbia. Insurance, generally, is a contract in which the insurer (joint-stock insurance company, mutual insurance company, or reciprocal, for example), agrees to compensate or indemnify another party (the insured, the policyholder or a beneficiary) for specified loss or damage to a specified thing (e.g., an item, property or life) from certain perils or risks in exchange for a fee (the insurance premium).Black's Law Dictionary; Sixth Edition; Insurance; p. 802.
The trustee, with full agreement, advanced a sum to one of the children, and the other children covenanted: not to call upon the trustee to make up any deficiency (to them) in case the shares held for them ("the share") should fall short of the advance (made to the other child), and also to indemnify the trustee against all claim(s), damage and expenses by reason of the advance. The question was whether the beneficiaries of the trust was still co-owned jointly tenancy.
On May 31, 2011, the 18th Civil Chamber of the Court of Rio de Janeiro upheld the sentence of first instance that Amorim condemned to pay R$30,000 in damages to Ali Kamel. In the first degree sentence, Judge ledir Dias de Araújo stressed that journalistic criticism are sustainable and encourage people to form their opinions, but can not randomly or falsely impute crime to someone. "It remained proven abuse committed by the defendant to expose your opinion about the author's person, to relate it to the authorship of this book and also extremely offensive way, which entails the duty to indemnify.". To the judge, there is no doubt that there was offense "in two aspects, ie, it reaches its subjective honor, the intimate pain suffered by such placements and still achieves the objective honor, the aftermath of the fact the social environment they live and in the family ".STF mantém condenação de Paulo Henrique AmorimPaulo Henrique Amorim terá de indenizar Ali Kamel por chamá-lo de racista On 14 September 2011, Amorim was convicted by the court of Rio de Janeiro to indemnify R$100,000 for pain and suffering and accusation without proof to the lawyer Nelio Machado.
According to Congressional reports, part of the Audio Home Recording Act (AHRA) of 1992 was intended to resolve the debate over home taping. However, 17 USC 1008, the relevant text of the legislation, didn't fully indemnify consumers for noncommercial, private copying. Such copying is broadly permitted using analog devices and media, but digital copying is only permitted with certain technology like DAT, MiniDisc, and "audio" CD-R—not with computer hard drives, portable media players, and general-purpose CD-Rs. The AHRA was partially tested in RIAA v.
Key person policies are usually owned by the business and the aim is to compensate the business for losses incurred with the loss of a key income generator and facilitate business continuity. Key person insurance does not indemnify the actual losses incurred but compensates with a fixed monetary sum as specified in the insurance policy. Many businesses have a key person who is responsible for the majority of profits or has a unique and hard to replace skill set such as Intellectual Property that is vital to the organisation.
In 2010, Goodbody was acquired by FEXCO for €24 million. The Financial Times commented that the lowly price tag placed on Ireland’s oldest stockbroker and "one-time bastion of Ireland’s Protestant business elite" was just another measure of the dramatic decline of the Irish economy. Allied Irish Banks were likely to have had to indemnify Fexco, the new majority owners of Goodbody Stockbrokers, against any legal action arising from the firm's boom-time trading. The deal saw the broker’s own management take a 25 per cent stake in the business.
The ADA provides explicit coverage for service animals. Guidelines have been developed not only to protect persons with disabilities but also to indemnify businesses from damages related to granting access to service animals on their premises. Businesses are allowed to ask if the animal is a service animal and ask what tasks it is trained to perform, but they are not allowed to ask the service animal to perform the task nor ask for a special ID of the animal. They cannot ask what the person's disabilities are.
On February 28, 1845,. the representatives sitting in the Legislative Assembly unanimously adopted the text of an address asking Governor Metcalfe to take measures to compensate the inhabitants of Lower Canada whose properties were damaged or destroyed during the armed conflict of 1837–8. Prior to that, in the course of the last session of the Parliament of Upper Canada on October 23, 1840, the representatives had passed an act (3 Vict. c. 76) to indemnify certain parties for losses incurred during the uprising in that province in 1837.
The "siege" lasted 55 days until a multinational coalition rushed 20,000 troops to their rescue in the Gaselee Expedition. The Chinese government was forced to indemnify the victims and make many additional concessions. Subsequent reforms implemented after the crisis of 1900 laid the foundation for the end of the Qing Dynasty and the establishment of the modern Chinese Republic. The Medal of Honor was created during the American Civil War and is the highest military decoration presented by the United States government to a member of its armed forces.
O'Brien immediately sued the British Government for false imprisonment, and to avoid any liability the government prepared the Restoration of Order in Ireland (Indemnity) Act 1923 which would indemnify them against any claims for damages by the imprisoned sympathisers. The Labour Party whittled it down when it was being prepared so that it would only limit compensation rather than remove it entirely. A tribunal was set up under Lord Atkin to assess damages, and the sympathisers as a whole were eventually paid £43,000. Art O'Brien himself was arrested soon after release and convicted of sedition.
The Prince promised to indemnify the Duke from all accountability and responsibility to others than himself for whatever he would advise or do in the fulfillment of his responsibilities under the Act, because he did not want the Duke to account to anybody but himself, and, in case the Prince would die, the Duke would only be obliged to hand over the state papers in his possession at that time, without any obligation to give an account of his actions to the Prince's heirs. All of this until further notice from either party.
Shelly also agreed not to sue the NBA and to indemnify the league against other suits related to the case, including any initiated by her husband. The NBA responded by cancelling its hearing to consider stripping the Clippers from the Sterlings. Sterling disavowed having given his wife authorization to sell the team, denied all charges, and refused to sell the Clippers. He called the penalties "draconian" and referred to the process as a "sham". He then sued the NBA for $1 billion, alleging it had violated both antitrust laws and his constitutional rights.
These disputes are further complicated by the fact that some of the original contracting parties may have contractually agreed to indemnify other parties. These indemnifications, in turn, can be liabilities to be covered by the policies pursuant to "insured contract" coverage. Courts in different states decide these disputes differently, depending on the unique facts of each case and the law of that particular state. Following the general rule that insurance policies are broadly interpreted in favor of coverage, such disputes are often resolved in favor of maximizing coverage for every insured.
Insurance in the United States refers to the market for risk in the United States, the world's largest insurance market by premium volume. Of the $4.640 trillion of gross premiums written worldwide in 2013, $1.274 trillion (27%) were written in the United States. Insurance, generally, is a contract in which the insurer agrees to compensate or indemnify another party (the insured, the policyholder or a beneficiary) for specified loss or damage to a specified thing (e.g., an item, property or life) from certain perils or risks in exchange for a fee (the insurance premium).
To ensure the share price of Fu Chip suffered no shock, Pao agreed not to sell 60% of the shares for at least one year. Also, in case the share price dropped in that year, Lau agreed to buy 60% of the shares back from Pao at $2.50. But then Pao realised, if the share price rose over $2.50 in the year, the price would stay fixed and he would not get the gains. So he demanded that instead of that, Lau would merely indemnify Pao if the share price fell below $2.50.
The Solidarios project aims to provide microcredit for housing improvements to low income families who are excluded from the formal credit market due to being profiled as “high risk.” The project lends to groups of families, who indemnify one another's loans, at comparatively low interest rates. This strengthens the solidarity between families as well as each individual family's capability to improve their standard of living. To date, the Solidarios project has provided more than 8,500 families with the credit needed to make improvements to the infrastructure of their homes.
Although the Court of Appeal held that Mr Salomon had defeated Parliament's purpose in registering dummy shareholders, and would have made him indemnify the company, the House of Lords held that so long as the simple formal requirements of registration were followed, the shareholders' assets must be treated as separate from the separate legal person that is a company. There could not, in general, be any lifting of the veil.See also, Lee v Lee's Air Farming Ltd Whitechapel High Street, where Aron Salomon, the most famous litigant in company law, went insolvent. This principle is open to a series of qualifications.
Patent holders (including other patent pools) outside the pool can still create cost and risk for the industry. While it is rare for a patent pool to indemnify licensees, a pool does help to assure a common interest will emerge should one member be accused of infringement by a third party. Flaws in the design of the pool's governance can create the risk that one member can break the common cause of the group. Examples of well-known such cases include the MPEG-2, MPEG-4 Part 2 and H.264 video coding standards, and the DVD6C pool.
Casualties included the Torrey Canyon, the Amoco Cadiz, and the Exxon Valdez . While passing ships were obliged to offer reasonable assistance to save life, they were reluctant to offer salvage services on a seeming reckless adventure to save a low value hulk where third party liability risks might be enormous. Instead, salvors preferred to work where there were richer pickings and fewer dangers. This situation alarmed coastal states (whose beaches were liable to pollution from oil slicks) and P&I; Clubs (who might be responsible to "pick up the tab" and indemnify those third-party risks).
The Papists Act 1740 (14 Geo. 2, c. 21) was an Act of Parliament passed by the Parliament of Great Britain during the reign of George II. Its long title was "An Act to indemnify protestant purchasers of estates of papists, against the penalties or forfeitures papists are liable to, for not having inrolled their estates, in pursuance of an act of the third year of the reign of his late majesty King George the First, for that purpose".Danby Pickering, The Statutes at Large, from the Ninth to the 15th Year of King George II: Vol.
Under the policy, the insurer accepts only the agreed risks. A crucial policy requirement is that the ship shall proceed to her port of destination by the shortest and safest route (or usual route), and not to make any unjustified deviation. An unjustifiable deviation does not necessarily avoid the policy, but it may cancel any liability of the underwriters for any loss incurred after the time of the deviation; but the insurer remains bound to indemnify any losses sustained prior to the deviation. Although the insurer is discharged from subsequent responsibility, he is normally entitled to retain the whole premium.
In 2013 Chief executive Mark James was sued for libel by Jacqui Thompson, a local blogger and trenchant critic of the council. He brought a counterclaim against Mrs Thompson; his legal action was funded by the council."Blogger and Carmarthenshire council in High Court libel fight" BBC News 14 February Although he won his action, this indemnity was ruled unlawful by the Auditor General for Wales, on the grounds that councils cannot sue for libel nor indemnify others in private defamation actions. It also found that the payment of his pension contributions to him in cash was unlawful.
These negotiations (Treaty of Newport) resulted in failure. However, Salisbury refused to approve of the regicide of Charles I. Following the king's execution, Salisbury decided to support the Commonwealth of England, and agreed to take the Engagement. This decision was influenced by several facts: two of his sons had sided with the parliamentarians during the English Civil War; Parliament voted to indemnify Salisbury's friend Philip Herbert, 4th Earl of Pembroke for his losses during the war; and several of his close friends, especially Algernon Percy, 10th Earl of Northumberland (his son-in-law) had sided with Parliament.
197–292 Portugal was no party in the peace and the war overseas between the Republic and that country resumed fiercely after the expiration of the ten-year truce of 1640. In Brazil and Africa the Portuguese managed to reconquer most of the territory lost to the WIC in the early 1640s after a long struggle. However, this occasioned a short war in Europe in the years 1657–60, during which the VOC completed its conquests in Ceylon and the coastal areas of the Indian subcontinent. Portugal was forced to indemnify the WIC for its losses in Brazil.
There were 22 women from China, including Chy Lung, among the passengers on the steamer Japan that journeyed from China to San Francisco, arriving in 1875. The immigration commissioner examined the passengers and identified Chy Lung and the other women as "lewd and debauched women." The captain of the ship had the option of paying a $500 bond per woman to allow her to land for the ostensible purpose to "indemnify all the counties, towns, and cities of California against liability for her support or maintenance for two years." The captain, however, refused to pay the bond and detained the women on board.
If there is intentionality or gross negligence in the action of the victim, the Administration does not have to compensate. In addition, full compensation is allowed for cases where the administrative action was notoriously disproportionate (a protest in which the riot police carried fire with the lethal ammunition). The second case of causes is that in which the action of a third party, alien to the victim and the Administration, assists in causing the damage. Normally, in these cases, the Administration is obliged to fully indemnify the injured party, especially when the third party can not be identified.
A love contract is a legal contract that is meant to limit the liability of an employer whose employees are romantically involved. An employer may choose to require a love contract when a romantic relationship within the company becomes known, in order to indemnify the company in case the employees' romantic relationship fails, primarily so that one party can't bring a sexual harassment lawsuit against the company. To that end, the love contract states that the relationship is consensual, and both parties of the relationship must sign it. The love contract may also stipulate rules for acceptable romantic behavior in the workplace.
The tribes agreed to forswear private retaliation for injuries and to return or indemnify the owner of stolen horses or other goods. Efforts to contact the Blackfoot and the Assiniboine were unsuccessful. Returning to Fort Atkinson at the "Council Bluff" in Nebraska, successful negotiations were had with the Otoe, the Pawnee and the Omaha.Page 143, American Indian treaties: the history of a political anomaly by Francis Paul Prucha, University of California Press (March 15, 1997), trade paperback, 562 pages He was appointed brevet brigadier general and was in overall command of U.S. forces during the Black Hawk War.
The municipality had to borrow capital amounting to 1,500 guilders to be able to indemnify those from Schornsheim who had gone to war in France. On 18 October came a report of a typhus outbreak. In 1871, the municipal council believed that “The investigation of wellwater with regard to the illness, which led to no result, could have been saved, as nothing could be confirmed.” In 1880, the policeman was dismissed, as on some days he was not to be seen in the village, as a result of which “with begging getting out of hand, the vagabonds can go about begging undisturbed.
King Charles XIII (Charles II in Norway) The chief objective of Bernadotte's foreign policy as Crown Prince Charles John of Sweden was the acquisition of Norway, and he pursued that goal by definitively renouncing Sweden's claims in Finland and joining the enemies of Napoleon. In 1812, he signed the secret Treaty of Saint Petersburg with Russia against France and Denmark-Norway. His foreign policy provoked some criticism among Swedish politicians, who found it immoral to indemnify Sweden at the expense of a weaker friendly neighbor. Moreover, the United Kingdom and Russia insisted that Charles John's first duty was to the anti-Napoleonic coalition.
Kosmopoulos v Constitution Insurance Co of Canada is a leading Supreme Court of Canada decision on the court's ability to pierce the corporate veil—to impose an interest or liability, that is, upon the shareholders of a company instead of the company itself. It was held that the veil can only be lifted where it would be "just and equitable", specifically to third parties. The case is also a leading source of insurance law. The insurer refused to indemnify Mr. Kosmopoulos on the grounds that the corporation owned the property, even though he was the sole-shareholder of the corporation.
Passenger services were withdrawn in 1933, and the railway was closed in 1965. The railway company held a heated debate in 1906, when Colonel Thompson requested permission for a group of about 16 female potato pickers to be allowed to walk through Reedness Goods Yard, and then cross over Swinefleet Warping Drain, on the western boundary of the parish, by walking along the main line of the railway. His request was to reduce the distance that the ladies had to walk to work each day, and was granted, although the Colonel had to indemnify the railway against claims if any of them were involved in an accident while following this route.
These objections might have had more weight were he not already one of the sitting members. The Sheriff declared Penruddock elected, but afterwards Thynne's supporters quietly persuaded him to change his mind and gave him a bond for £300 to indemnify him against the consequences; he therefore sent in the return of election naming Thynne rather than Penruddock as duly elected. The size of the bond seems to have been finely judged, since when the Attorney General prosecuted the Sheriff in the Star Chamber he was fined £200 and Penruddock was awarded a further £100 in damages; but the Sheriff was also sentenced to a year's imprisonment.
One of these terms is the allocation of the risk of loss to people and property. In general, a knock-for-knock agreement means that each party working on an oil and gas worksite -- the operator and each contractor -- agrees to protect and indemnify all the other parties against injuries to that party's employees and agents, and destruction or damage to that party's property. This allocation is not based upon the fault or culpability of the party whose employee was injured or whose property was damaged. The goal is the efficient defense and payment of a claim through having a single party responsible for the loss.
The Mishnah taught that although they differed in some respects, they had in common that they are in the habit of doing damage, and they have to be under their owner's control so that whenever one of them does damage, the owner is liable to indemnify with the best of the owner's estate (when money is not tendered).Mishnah Bava Kamma 1:1, in, e.g., The Mishnah: A New Translation, translated by Jacob Neusner, page 502; Babylonian Talmud Bava Kamma 2a, in, e.g., Talmud Bavli, elucidated by Hillel Danziger and Yosaif Asher Weiss, edited by Yisroel Simcha Schorr (Brooklyn: Mesorah Publications, 1995), volume 38, page 2a1.
They were not face to face, each was in his own accommodation in Rosshof or the Markgräflerhof, and the papers were passed around by a courier. The contract that ceded the left bank of the Rhine was in a secret article, along with the promise that it would indemnify the right bank if the left bank of the Rhine should be covered in a final general peace in France. Peter Ochs drew up the Treaty and served as a mediator for a significant proportion of these financial statements. Prussia stuck to the agreement of the Treaty of Basel until 1806, when it joined the Fourth Coalition.
The investigative committee formed by Mayor Lyman had recommended that the city of Charlestown or the county of Middlesex indemnify the diocese of Boston for the loss of the convent property; or, if they did not act, that the Massachusetts legislature investigate the matter and provide compensation. Following this recommendation, Bishop Fenwick petitioned the legislature in January 1835 for indemnification to rebuild the convent and school, arguing that the state had been derelict in its duty of protecting private property.Lord, Harrington & Sexton, p. 2:232 The committee which heard the argument of the diocese resolved that the legislature authorize the governor to provide compensation to the trustees of the convent.
He formed his first band, Pornographic Cornflake (named after "I Am the Walrus" lyric) at age thirteen, and his first 16mm film made four years later, a documentary about his hometown entitled This is Port Credit!, was chosen to be aired on a local PBS Television affiliate after winning an award at a high school film competition. Due to its libelous nature however, Gold was advised to indemnify himself from possible legal action by crediting the film to a fictitious director. Eating breakfast the morning the credits were to be re-shot, a plastic pig stamper fell from his cereal box and the pseudonym Gary Pig was adopted.
In 1993, Casellas was appointed by President Bill Clinton and unanimously confirmed by the U.S. Senate as General Counsel of the United States Department of the Air Force. In that capacity, he served as chief legal officer and final legal authority to more than 2,000 military, civilian and reserve attorneys throughout the world. During this period, he also served as the Governor of Wake Island. Among his accomplishments, he provided essential legal support for streamlining acquisition processes to achieve National and Defense Performance Review Objectives and ensured legal authority was available to indemnify the Civil Reserve Air Fleet for contingency operations in Somalia and Haiti.
As Cox was an insurance company it had (like many other financial institutions) a limited ability to recover input VAT incurred on fees paid for outsourcing services. CGI believed that the money paid for the shared wages would be excluded from VAT as the employees were under a joint employment contract. There were also a number of detailed arrangements regarding the employees under the master services agreement, including that CGI agreed not to take certain actions in relation to the transferred employees for a period of six months and to indemnify Cox in respect of all liabilities relating to them from the transfer date.
Prior to the introduction of Advance Notices, the way of covering the gap risk was for there to be a letter of obligation by the granter's solicitors in favour of the grantee. This letter created a guarantee, binding the firm with a personal obligation (ie: a contractual obligation) to indemnify the applicant if their application is defeated by another personal right, e.g.: in an action for reduction. The Scottish Law Commission noted that letters of obligation appeared to be unique to Scots law, with no other legal system in the world requiring their legal professionals to create a personal obligation in favour of the grantee of land.
The Inter-American Commission on Human Rights heard Ivcher's case and called for the government to reinstate his citizenship and ownership of Frecuencia Latina, cease harassing him and indemnify him for the false accusations made against him. On December 6, 2000, Ivcher triumphantly returned to Frecuencia Latina, Peruvian flag in hand. With the Winter brothers out, Magaly (and many other personalities) left due to expiring contracts and the change in management. In the early 2000s, Beto Ortiz and Gisela Valcárcel also had programs on the channel; Beto's Vidas secretas (Secret Lives) was a gossip program that revealed facts about TV personalities, including those from Frecuencia Latina.
However, the judge sentenced a journalist to disclose address (violation of privacy) and considered the nickname invented by the journalist as "discriminatory attitude" (racist) and ordered the payment of compensation. On February 24, 2012, was finally sentenced to indemnify Heraldo Pereira.Processo Nº 583.00.2011.187444-6 Under the agreement, signed and recognized by the parties involved, Paulo Henrique Amorim has pledged to donate US $30,000 to a charity nominated by Heraldo Pereira Mosteiro vai receber valor de indenização de Paulo Henrique Amorim as well as serve three notes of retractions in the papers state of São Paulo, Correio Brasiliense and blog Talk Sharp, including removing all offenses on the blog.
Rebecca acknowledged that he was the father, and agreed to deposit £100 with Sir John Griffin Griffin for the support of the child, thus absolving himself of any further responsibility to it or its mother. A note in the baptismal register at Saffron Walden describes Rebecca as "a most ingenious artist who was employed by Sir John Griffin, at Audley End, to paint the ceiling & Panels of ye little south drawing Room, & several family portraits in the great Room over the eating Parlor!!!"The "Bond to Indemnify the parish of Walden agt. Ann White's Child by Mr Rebecca" is online at John Biagio Rebecca became a respected architect.
After the French revolution, the Irish college in Paris was re-established by a decree of the first consul, and placed under the control of a board appointed by the French Government. To it were united the remnants of the property of the other Irish colleges in France which had escaped destruction. The college in Paris lost two-thirds of its endowments owing to the depreciation of French state funds, which had been reduced to one-third consolidated. After the Bourbon Restoration, the French Government placed at the disposal of the British government three million and a half sterling, to indemnify British subjects in France for the losses they had sustained in the Revolution.
In January 2002, SawStop appeared to come close to a licensing agreement with Ryobi, who agreed to terms that involved no up-front fee and a 3% royalty based on the wholesale price of all saws sold with SawStop's technology; the royalty would grow to 8% if most of the industry also licensed the technology. According to Gass, when a typographical error in the contract had not been resolved after six months of negotiations, Gass gave up on the effort in mid-2002. Subsequent licensing negotiations were deadlocked when the manufacturers insisted that Gass should "indemnify them against any lawsuit if SawStop malfunctioned"; Gass refused because he would not be manufacturing the saws.
Determining south Sun City to be a "populous area" the court said that injunction was thus proper. Given the equities the court crafted a special injunction, however. Citing the "coming to a nuisance" doctrine, which prohibits equitable relief for a homeowner who purchases a home within the reach of the nuisance, the court said that Webb must indemnify Spur for his losses as a result of a move or shutdown of his enterprise. The court reasoned that, whereas the "coming to a nuisance" doctrine usually bars relief, there was a public interest at play here, and Webb's choice to come to the nuisance could not preclude the public from being protected from the nuisance.
The Fuzhou Arsenal, part of China's Self- Strengthening Movement Despite its incapacitating effects, existing bans on the opium trade in China were generally ignored until the 1833 Government of India Act eliminated the East India Company's monopoly on British trade with China. British officials noted the unrestrained influx of new smugglers was greatly alarming the Chinese but were unable to rein them in before the viceroy Lin Zexu placed the foreign factories under complete blockade, demanding the surrender of all opium held in the Pearl River Delta. The British were only able to provide it after their superintendent guaranteed to indemnify the loss. The sum turned out to be so large (£3,000,000) that it prompted the First Opium War,.
The terms and conditions of the competition required the authors to assign all rights, including moral rights, to Tourism Australia and indemnify Tourism Australia against any legal action as a result of its re- using the works, which the Australian Copyright Council stated were extreme conditions and "particularly disturbing given that Tourism Australia is a government body". A 2019 advertising campaign, entitled Matesong, that featured Kylie Minogue, Ashleigh Barty, Adam Hills, Shane Warne, and Ian Thorpe, with a song written by Eddie Perfect, was aired on televisions in the United Kingdom before the Queen's message on Christmas Day. However the advertisement was withdrawn several days later in light of the impact of the 2019–20 Australian bushfires.
Subsequent excavation of the grounds revealed buried relics, including the body of Father John Southworth (1592–1654), an alumnus who had been martyred for his faith. Brighton banqueting room After the Revolution, Bonaparte united all the British establishments in France under one administrator, Rev Francis Walsh, an Irishman. On the Bourbon Restoration, a large sum of money was paid to the British Government to indemnify those who had suffered by the Revolution, though none of this reached the Catholics. It was ruled that as the Catholic colleges were carried on in France for the sole reason that they were illegal in England, they must be considered French, not English, establishments, though the buildings were restored to their rightful owners.
This stated that any players or coaches who had agreed to be associated with News would not be considered for representative selection. It also warned that the ARL would vigorously pursue through the courts any player found to have breached his obligations to the ARL. The press release indicated that the League, with the support of Channel Nine and Optus, through Optus Vision, would commit substantial resources to establishing financial incentives for players to play exclusively in the ARL competition. On 6 April 1995, News agreed to indemnify the Canberra Raiders against any action by the ARL or the League in consequence of the club contracting with News or supporting Super League.
The following year the clan was ordered by the Government to indemnify Urquhart and his tenants for the loss they sustained in the rebellion, however it is not known if any restitution was ever made by the rebels. When James IV first visited the Highlands after fall of the lordship of the isles, Allan was one of the few chiefs to render his homage. During the reign of Allan's chiefship, a dispute arose between himself, John Cathanach Macdonald, 4th of Dunnyveg, and MacIan of Ardnamurchan, concerning the lands of Sunart. The Government ordered that the lands were to be maintained by the current tenants until the dispute was settled between the chiefs and the king's advisors.
The Order of United Commercial Travelers was formed on January 16, 1888 by six men in a meeting at the Neil House in Columbus, Ohio to provide a society for traveling salesmen, or commercial travelers. The original objectives of the order were to aid its members and their dependents in financial and material matters, establish funds to indemnify members in case of disability or accidental death, establish a widows and orphans reserve fund and obtain just and equitable favors for traveling salesmen. The organization also wished to operate as a secret society, whose aim was to unite and raise the moral and social caliber of its members. In fact, in at one time referred to itself as "travelers masonry".
Carmen in Confession (1918) In 1917, Carmen contracted with Fox Film Corporation, but finding the deal unsatisfactory, she opened a new contract with the Keeney Corporation in 1918 while her first contract remained in effect. Fox sent Keeney notice of their prior contract, warning that they would hold Keeney responsible for assisting her in breaking it, and promising to indemnify Keeney against legal retaliation. Carmen launched two lawsuits against Fox, one to attempt to free herself of the obligation of fulfilling her contract, and another to seek redress for their interference with her contract with Keeney. Key to the issues was the question of where the contracts had been made: New York or California.
Commercial general liability insurance is a broad type of insurance policy which provides liability insurance for general business risks. Commercial General Liability (CGL) is the specific name for a policy of this type in the United States insurance market. It is the "first line" of coverage that a business typically purchases, and covers many of the common risks that can happen to any type of business, such as bodily injury or property damage on the business premises or due to the business operations, personal and advertising injury, and medical payments. As with other types of liability insurance, CGL insurance normally imposes on issuing insurers duties both to defend and to indemnify insureds with respect to covered claims.
It was proposed to utilize the money set free by this operation to indemnify by a billion francs (Le milliard des émigrés) the émigrés for the loss of their lands at the Revolution; it was also proposed to restore their former privileges to the religious congregations. Both these propositions were, with some restrictions, secured. Sacrilege was made a crime punishable by death with the 1825 Anti- Sacrilege Act (Loi contre le blasphème), and the ministry were preparing a law to alter the law of equal inheritance, and thus create anew the great estates. These measures roused violent opposition in the country, which a new and stringent press law, nicknamed the "law of justice and love," failed to put down.
Stronge was appointed a Commander Brother of the Venerable Order of Saint John in 1952, and promoted to Knight in 1964. In 1956, one of Stronge's outside posts caused a difficulty. He had been named on the Central Advisory Council on Disabled Persons, a position which brought no remuneration in practice but could have done so in theory. It was realised that the theoretical possibility of money being paid meant that this was an "Office of Profit under the Crown" which disqualified him from election. On 16 January 1956 Stronge wrote to resign his post as Speaker temporarily, so that legislation could be passed to validate his actions and indemnify him from the consequences of acting while disqualified.
Dadiani did indemnify Chigorin for the inconvenience to the sum of 1500 francs, which was slightly more than the value of third prize. After his death, some people accused Dadiani of having falsified or pre-arranged his brilliancies. Although none of these claims have even been substantiated, it is known that he remunerated Steinitz and Preti for publishing his games and was later accused by Fedor Duz-Chotimirski of sending in his own wins while covering up his opponents wins. Emmanuel Schiffers published a book of Prince Dadiani's end-games, Fins de Partie de S.A.S. le Prince Dadian de Mingrelie (Kiev, 1903) and Tengiz Giorgadze published "Ygraet A. Dadiani" ("Play Andrey Dadiani") in "Soviet Georgia" (Tbilisi, 1972).
Subsequent inquiries revealed that Vector was operating without a license, lookout or properly qualified master. During 1999 the Supreme Court of the Philippines ruled that it was the owners of Vector who were liable to indemnify the victims of the collision. Some of the claims pursued against either Sulpicio Lines or the owners of Vector, such as those filed by the Cañezal family (who lost two members) and the Macasas family (who lost three members) were adjudicated by the Supreme Court, which found that even the families of victims whose names did not appear on the official manifest were entitled to indemnity. Caltex Philippines, which had chartered Vector, was likewise cleared of financial liability.
In January 1999, the Gannett Company pulled all its advertising, a few weeks after AJR published an article that contained negative comments about several Gannett leaders.Felicity Barringer, "Gannett Withdraws Ads From Journalism Review", The New York Times, March 8, 1999 In its December 2006 issue, the AJR printed an article about the Santa Barbara News-Press and its owner, Wendy P. McCaw. Later that month, McCaw sued Susan Paterno, the writer of the article, accusing her of libel and product disparagement."Publisher of California paper sues journalist over story in American Journalism Review", Associated Press, December 19, 2006 The AJR was not named as a defendant, but agreed to pay Paterno's legal bills and indemnify her against any judgment.
No one was more surprised than himself when he retained the chancellorship in the following administration, and he resisted the proposal to indemnify witnesses against Walpole in one of his finest speeches in May 1742. He exercised a leading influence in the Wilmington Cabinet; and when Wilmington died in August 1743, it was Hardwicke who put forward Henry Pelham for the vacant office against the claims of Pulteney. For many years from this time he was the controlling power in the government. During the king's absences on the continent Hardwicke was left at the head of the council of regency; it thus fell to him to concert measures for dealing with the Jacobite rising in 1745.
Under section 4 of the Statute of Frauds (1677), a "guarantee" (an undertaking of secondary liability; to answer for another's default) must be evidenced in writing. No such formal requirement exists in respect of indemnities (involving the assumption of primary liability; to pay irrespective of another's default) which are enforceable even if made orally. Under current English law, indemnities must be clearly and precisely worded in the contract in order to be enforceable. The Unfair Contract Terms Act 1977 stated that a consumer cannot be made to unreasonably indemnify another for their breach of contract or negligence, though this section was repealed by the Consumer Rights Act 2015 schedule 4 paragraph 6.
In 1740 he also spoke on behalf of Carolina in opposing the inclusion of rice among prohibited exports. Bowles was again returned for both Bridport and Bewdley at the 1741 British general election and this time chose to sit for Bewdley. He voted with the Administration on the chairman of the elections committee in December 1741, but was absent from an important division on 21 January 1742, when he ‘sat diverting himself all night at Garraway's Coffee House’. He was a member of the committee of inquiry into Walpole's conduct, and though considered a supporter of Walpole, he not only voted but also spoke for the bill to indemnify anyone who gave evidence against Walpole.
You represent and warrant that you have all rights necessary to > publish and distribute any User Material made available by you through the > Veoh Service and that such User Material conforms to the Acceptable Use > Policy. You agree to indemnify and hold Veoh harmless from and against any > liability, claims, losses, demands or damages arising out of or relating to > your violation of these Terms or the Acceptable Use Policy. As explained > above, Veoh does not permit copyright infringing activities on the Veoh > Service and reserves the right to terminate access to the Veoh Service, and > remove all User Materials posted, by any persons who are found to be repeat > infringers (i.e., persons found to have uploaded copyright infringing User > Material on more than two occasions).
On March 9, 2008, the NFL announced that they were close to a deal with Walsh and his attorney that would indemnify Walsh against any legal or financial damages if NFL investigators were to interview him. By the start of the NFL's owners meetings on March 31, 2008, with the NFL not having yet reached any agreement with Walsh, Kraft said the "damaging allegation made by a newspaper" was something that he believed "never happened." Kraft added that Walsh, who he did not remember from his time with the Patriots, never signed any confidentiality statement with the team. On April 23, 2008, the NFL announced they had reached an indemnity agreement with Walsh and had arranged a May 13, 2008 meeting between Walsh and Goodell.
Under the terms of the deal, Walsh was required to share any information he may have in regards to the Patriots' activities during Walsh's employment with the team from 1997 until 2003, and also to turn over any tapes and other items in his possession to the NFL by a May 8, 2008 deadline. The Patriots and the NFL promised not to sue Walsh and also agreed to indemnify Walsh for any legal expenses involved with the interview process, so long as he complied with the terms of the agreement. Moreover, the agreement stipulated that the NFL would preserve the evidence turned over by Walsh, and that Walsh could retain copies, but could not release those copies to third parties without NFL permission.
Administrative rulings from the Belgian Court of Audit however do fall under the jurisdiction of the Court of Cassation. The Court of Audit decides by administrative ruling whether the accounts of public accounting officers answerable to the Treasury are in balance or not, and if not whether the balance is in their favour or in the State's favour. If the Court of Audit determines that the account of an accounting officer shows a deficit, the Court of Audit will hold a public hearing with the officer in question. The Court of Audit will subsequently either grant discharge to the accounting officer, or either find the officer at fault and sentence him to fully or partially indemnify the State from his own means.
In the same year, Emeric, alongside other prelates, requested the pope to hand over the fort of Medvedgrad to its original builder and owner, the Bishopric of Zagreb. Together with five other prelates – including John of Nyitra, Nicholas Kőszegi of Győr and Augustin Kažotić of Zagreb – Emeric protested against the oligarch Matthew Csák's plundering raids at the expense of the Archdiocese of Esztergom in 1313. The prelates sent a letter to Pope Clement to inform him and urged Matthew Csák to indemnify Archbishop Thomas. Emeric appeared as a witness in the 1309 trial between several churches and chapters in Transylvania and their nominal superior, the Diocese of Transylvania, which then was under the influence of the provincial lord Ladislaus Kán and his kinship.
In Atherton, 18 trees are planned to be removed with an additional 63 trees pruned more than 25%. 83 trees will be replaced as a result, per the Atherton Tree Replacement Plan. Atherton residents objected to the plans in November 2017, stating the five planned double-cantilever side poles (spanning both tracks from one side) were taller than expected, and asked PCJPB to redesign the OCS support to use ten shorter single-cantilever side poles (spanning one track each). In their response, PCJPB stated it would cost an additional $200,000 to redesign and would require more extensive tree removal; a later response asked that Atherton pay the difference and indemnify Caltrain from further lawsuits related to PCEP, which Atherton rejected.
This project led by Chevron will be designed to capture 3.5 Mt of carbon dioxide per annum from Greater Gorgon gas fields and store it in the Dupuy formation beneath the Barrow Island. The project will be the largest carbon dioxide sequestration operation in the world. Chevron is liable for leaks and other damage during the project's lifetime and for 15 years afterwards, but in 2009 the state and federal governments agreed to indemnify Chevron against liability for the project after that time, with the Commonwealth in 2015 confirming it would adopt 80% of the liability and WA the remaining 20%. When construction on the project began in 2009, it was expected to be completed by 2014 \- including carbon capture and storage.
Due to a widespread practice by insurers to indemnify San Francisco properties from fire, but not earthquake damage, most of the destruction in the city was blamed on the fires. Some property owners deliberately set fire to damaged properties, to claim them on their insurance. Capt. Leonard D. Wildman of the U.S. Army Signal CorpsNPS Signal Corps History reported that he "was stopped by a fireman who told me that people in that neighborhood were firing their houses...they were told that they would not get their insurance on buildings damaged by the earthquake unless they were damaged by fire".San Francisco Museum One landmark building lost in the fire was the Palace Hotel, subsequently rebuilt, which had many famous visitors, including royalty and celebrated performers.
Despite the Ninth Circuit's change of mind, the split in the circuits persisted until 2008, when the Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc.. By a 6–3 margin the Court settled the issue, holding that parties cannot contract for a broader standard of review. However, it declined to further define "manifest disregard" or settle whether it was an addition to the FAA or just a way of summing its provisions up. The parties had turned to arbitration to settle a lingering issue from the termination of a lease: whether Mattel was contractually bound to indemnify Hall Street for environmental contamination to the site of a factory it rented from Hall Street in Beaverton, Oregon until closing it in 2001.
Indemnity is a contractual obligation of one party (indemnifier) to compensate the loss incurred to the other party (indemnity holder) due to the acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party assuring the other party that guarantor will perform the promise of the third party if it defaults. Indemnities form the basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident.
A marriage contract for the sum of £200 dated 1749 survives in Plymouth and West Devon Record Office listing as parties: 1: William Cockey of Totnes, brazier; 2: Elizabeth Hannaford of Totnes, spinster; 3: Philip Cockey of Sharpham, gentleman and Benjamin Blackaller of Totnes, mercer. Another document dated 1763 survives in Cornwall Record OfficeCornwall Record Office, RD/1379 summarised as follows: Parties: (1) William Shepherd and John Bayly both of Plymouth, merchants, to (2) Philip Cockey of Sharpham, Devon, esquire, Richard Dunning of Plymouth, gentleman, Peter Baron of Stoke Damerel, gentleman and Robert Baron of Plymouth, brazier. Bond in £500 To indemnify (2) against cost of lawsuits concerning Presbyterian church in Plymouth. In 1765 Philip Cockey sold Sharpham to Captain Philemon Pownoll, having previously in 1755 offered a lease on the estate.
In 1796 it was determined to sell the Surgeons' Hall on account of the expense attending its repair; but on 7 July Gunning, on behalf of the committee, reported that as no one had bid within £200 of the price set upon it, it had been bought in. At the same court Henry Cline was elected a member of the Court of Assistants, in the absence of a governor (one having just died, and the other being blind and paralysed in Warwickshire). This voided the charter. A bill brought into parliament in 1797 to indemnify the company, and to give it greater power over the profession, after passing the commons, was lost in the House of Lords by the influence of Thurlow, owing, it is said, to a grudge against Gunning.
According to China Daily, “At least 10 Party and government departments and organizations in Guangdong, including the province's commission on politics and law, the women's federation, the Academy of Social Sciences, and the Communist Youth League, have started discussions on punishing those who refuse to help people who clearly need it.” Officials of Guangdong province, along with many lawyers and social workers, also held three days of meetings in the provincial capital of Guangzhou to discuss the case. It was reported that various lawmakers of the province were drafting a "Good Samaritan" law, which would "penalize people who fail to help in a situation of this type and indemnify them from lawsuits if their efforts are in vain." Legal experts and the public debated the idea ahead of discussions and a legislative push.
In the absence of fraud, the Marine Insurance Act 1906 states the agreed value in a valued policy is conclusive, except in cases of constructive total loss, as in the Costa Concordia and The Bamburi. The Bamburi [1982] 1 Lloyd's Rep. 312Case report extract Marine Insurance Law - Susan Hodges - Cavendish Written off properties are usually demolished or torn down, scrapped, or recycled for parts after their policies are settled; so the insurer may be relieved not to have the insured item subrogated to him, as in Asfar v Blundell [1896].Asfar v Blundell [1896] 1 QB 123 Policies covering homes, vehicles, and other non-investment assets subject to depreciation may indemnify the insured to much less than the full replacement cost, so that the insured items may become "total losses" despite some residual value.
The User Agreement additionally held players accountable to indemnify (reimburse) NCI and its affiliates against third- party infringement claims, and demanded either a granting of sole ownership in player created content, including characters, to NCI, or a warranty that a third party owner of the rights in player created content had made such a grant. It was unclear whether this grant was an exclusive assignment or a non- exclusive license, however. The defendants replied that the lawsuit was frivolous, and while many intellectual property analysts agreed, others noted that trademark law is structured such that, if Marvel believed their marks were being infringed upon, they had little choice but to file a lawsuit, regardless of its outcome, to preserve the strength of the marks. At least one noted similarities to Fonovisa, Inc. v.
In 1629, in the prosecution of Sir John Eliot (R v. Eliot, Hollis and Valentine), the court held that Strode's Act was a private act and applied to Strode only and not to other MPs. However, in 1667, both the Commons and the House of Lords carried resolutions declaring Strode's Act a general law: : ... and that it extends to indemnify all and every the Members of both Houses of Parliament, in all Parliaments, for and touching all Bills, speaking, reasoning, or declaring of any Matter or Matters in and concerning the Parliament, to be communed and treated of, and is only a declaratory law of the antient and necessary Rights and Privileges of Parliament. This establishes the common law that privilege extends beyond mere protection against action for defamation or treason.
The Court of Appeal[1895] 2 Ch. 323 confirmed Vaughan Williams J's decision against Mr. Salomon, though on the grounds that Mr. Salomon had abused the privileges of incorporation a limited liability, which Parliament had intended only to confer on "independent not counterfeit shareholders, who had a mind and will of their own and were not mere puppets". Lindley LJ (an expert on partnership law) held that the company was a trustee for Mr. Salomon, and as such was bound to indemnify the company's debts.[1895] 2 Ch. 323, 337–340 Lopes LJ and Kay LJ variously described the company as a myth and a fiction and said that the incorporation of the business by Mr. Salomon had been a mere scheme to enable him to carry on as before but with limited liability.
The initial plans for the construction of a dam on the Iskar date to as early as 1900-1901, immediately after the building of the Pancharevo Hydroelectric Power Plant. In 1921, the idea was once again brought up, but its accomplishment failed due to the municipality's inability to indemnify the residents of the neighbouring villages of Gorni Pasarel, Shishmanovo and Kalkovo. Topographic photographs and a geological assessment regarding the dam were made and observations of the Iskar's water level at Pasarel were conducted in 1932-1941 in order to build what was initially called the St Peter's Reservoir (named after the monastery in Dolni Pasarel which was supposed to be near the reservoir). New geological research related to the reservoir's construction began in 1947 at four places between Gorni Pasarel and Pancharevo.
A heated Board meeting followed, but permission was given, although the Colonel had to indemnify the railway should an accident occur in which the ladies were involved. Passenger services on the railway ceased in 1933, but it remained open for goods traffic until 1965. However, the rails and bridge over the drain were retained until 1972, as the section of line between Ealand and Belton was used occasionally by the Central Electricity Generating Board to move stators from Keadby Power Station across the Stainforth and Keadby Canal, until the road bridge over the canal was replaced with something more substantial. The next farm building by the drain is at Swinefleet Moor Farm, where in 1890 the drain turned to the east towards Swinefleet Peat Works and Fockerby Common.
Homage of the Illustrated Magazine to the proclamation of the Brazilian Republic The abolitionist question had been imposed since the abolition of the slave trade in 1850, finding resistance among the country's traditional agrarian elites. In view of the measures adopted by the Empire for the gradual extinction of the slave regime, due to the repercussion of the unsuccessful experience in the United States of general liberation of the slaves having led that country to civil war, these elites demanded from the State reparations proportional to the total price they had paid by slaves to be liberated by law. These indemnities would be paid with an external loan. With the enactment of the Golden Law (1888), and by failing to indemnify these large landowners, the Empire lost its last pillar of support.
While the Irish Church Act 1869 did disestablish the Church of Ireland, since there was no express provision in that Act permitting its clergy to sit as MPs and MacManaway was still be subject to the strictures of the House of Commons (Clergy Disqualification) Act 1801, which debarred any person "ordained to the office of priest or deacon" from sitting or voting in the House of Commons. Modern scholars have questioned the rationale of this decision but, nonetheless, the House of Commons resolved on 19 October 1950 that MacManaway was disqualified from sitting. The House did, however, indemnify him (by the Reverend J. G. MacManaway's Indemnity Act 1951) from the £500-a-time fines that he had incurred for voting in parliamentary divisions while ineligible. MacManaway had voted on five occasions.
Traditionally, liability insurance was written on an occurrence basis, meaning that the insurer agreed to defend and indemnify against any loss which allegedly "occurred" as a result of an act or omission of the insured during the policy period. This was originally not a problem because it was thought that insureds' tort liability was predictably limited by doctrines like proximate cause and statutes of limitations. In other words, it was thought that no sane plaintiffs' lawyer would sue in 1978 for a tortious act that allegedly occurred in 1953, because the risk of dismissal was so obvious. In the 1970s and 1980s, a large number of major toxic tort (primarily involving asbestos and diethylstilbestrol) and environmental liabilities resulted in numerous judicial decisions and statutes that radically extended the so-called "long tail" of vulnerable policies.
As of October 2013, most inland cave sites in Australia can only be accessed by CDAA members because the access negotiated by the CDAA usually includes the obligation to indemnify the landowner via waiver and insurance. The CDAA does recognise training provided by other organisations that is comparable to its own and will permit access via the following avenues. For divers visiting from outside of Australia, the CDAA may grant a visitor's pass which is effectively a temporary CDAA membership, for the purpose of accessing dive sites under the CDAA's authority. For individuals wishing to cross over and become a permanent member, the CDAA will recognise training from certain other organisations and individuals can apply for CDAA membership including receipt of qualification at a level comparable to their current level of training.
Deletion from Section 105 (removed text stricken):. :The Parliament may take over from the States their public debts ~~as existing at the establishment of the Commonwealth~~ , or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.
Of this amount the United States claimed only $25 million. In a few years it became apparent that even this sum was more than was needed to indemnify claims of American nationals and in 1907, and again in 1924, the United States returned portions totaling nearly $17 million to China, which placed the money in a trust fund for education of Chinese youths in both countries. The participation of the United States in the Boxer Uprising marked the first time since the American Revolution that the country had joined with other powers in an allied military operation. The intervention in China represented an instance of the gradual change taking place in the traditional policies and attitudes of the United States in world affairs as a result of the triumph of imperialism.
In a total loss, the insurer must indemnify the assured in full, and ownership of the insured item thereby passes to the insurer under the legal process of "subrogation". Although the policy determines the level at which the loss becomes total rather than partial, nevertheless the assured (and NOT the insurer) has the final say as to whether he wishes to make a partial or total claim. If the insured item is, say, a car or a house, the policy will normally give it a "market value" which may be less than the assured had in mind; any disagreement would need to be challenged, perhaps using arbitration. In marine insurance, policies may be valued (where the value of the ship or cargo is agreed) or unvalued (where a market value at the time of the claim would need to be ascertained).
They were so sudden in the execution of this business, that the mischief was done before any steps could be taken either by the civil or military power to prevent it. Baughan, after some days had elapsed, swearing positively to the persons of four of the principals in this transaction, a warrant was made out to apprehend them; but before it could be executed, the soldiers expressing themselves convinced of the great impropriety of their conduct, and offering to indemnify the sufferer for the damage they had done him, who also personally petitioned the Governor John Hunter in their behalf, the warrant was withdrawn. It was observed, that the most active of the soldiers in this affair had formerly been convicts, who, not having changed their principles with their condition, thus became the means of disgracing their fellow-soldiers.
The government party supported the amendment, but the gesture had no effect on the opposition, which persisted in denouncing the measure as amounting to "paying the rebels". Certain liberal MPPs, including Louis-Joseph Papineau and Pierre-Joseph-Olivier Chauveau, opposed the amendment because, according to them, it resulted in the recognition, by the government, of the legality of the military court created by former acting governor John Colborne in order to speedily execute the prisoners of 1839. On February 23, Lafontaine presented a series of seven resolutions which included the introduction of a bill to indemnify inhabitants for their losses during the armed conflict of 1837-1838. The bill, entitled Bill to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838, authorized total payments of £90,000.
Six people involved with Westwood Entertainment were tried before the courts for criminal charges of "reckless imprudence resulting in multiple homicide and multiple serious injuries". On March 16, 2001, the president of Westwood Entertainment, Hermilo Ocampo, and the corporation's treasurer, Ramon Ng, were found guilty by a Quezon City trial court and sentenced to a four-year prison term, and fined 25 million pesos each. They and their co-accused (who were acquitted) were also ordered to indemnify the families of the deceased 150,000 pesos, and 100,000 pesos to the injured. The trial court concluded that Ocampo and Ng failed to provide fire exits and sprinklers inside the establishment, that the fire extinguishers they placed were defective, and that the lone exit was through a small door that swung inward and did not meet the standard set by the building code.
The duty to defend is generally broader than the duty to indemnify, because most (but not all) policies that provide for such a duty also specifically promise to defend against claims that are groundless, false, or fraudulent. Therefore, the duty to defend is normally triggered by a potential for coverage. The test for a potential for coverage is whether the complaint adequately pleads at least one claim or cause of action which would be covered under the terms of the policy if the plaintiff were to prevail on that claim at trial, and also does not plead any allegations which would entirely vitiate an essential element of coverage or trigger a complete exclusion to coverage. It is irrelevant whether the plaintiff will prevail or actually prevails on the claim; rather, the test is whether the claim if proven would be covered.
The railway company held a heated debate in 1906, when Colonel Thompson requested permission for a group of about 16 female potato pickers to be allowed to walk from the station through Reedness Goods Yard, and then cross over Swinefleet Warping Drain by walking along the main line of the railway. His request was to reduce the distance that the ladies had to walk to work each day, and was granted, although the Colonel had to indemnify the railway against claims if any of them were involved in an accident while following this route. There is some doubt as to the name of the station, as the Railway Clearing House map and some tickets showed it as Reedness, while NER promotional materials and other tickets showed it as Reedness Jct. There is no evidence for a station nameboard, and consequently no photographic evidence either.
When the Mexican government failed to indemnify the ejidatarios for their lost farmland, they reoccupied a portion of the Tijuana airport and threatened armed conflict. As shown by image 2 Ejido Tampico, from 1970 to 2000, the occupied land at the Tijuana airport remained relatively undeveloped. In 1999, the Tijuana airport was privatized and became part of a 12 airport network known as Grupo Aeroportuario del Pacífico (Pacific Airport Group). In an attempt to resolve the dispute and remove the ejidatarios from the privatized Tijuana airport, the Mexican government established a value on the expropriated at $1.2 million pesos ($125,560 U.S. dollars in 1999) while the ejidatarios of the former Ejido Tampico taking into account the increase in property values from 1970 to 1999 and the privatization of the Tijuana airport established a commercial value on their lost land at $2.8 billion pesos ($294 million U.S. dollars).
He disagreed with the High Court that the LK Shields law firm owed no duty of care to the Lynchs when advising as to the nature of the €25m loan facility agreement. The firm owed a duty of care to Mr Lynch and his family concerning the loan facility letter and breached that duty and was negligent because a solicitor with the firm mistakenly told the Lynchs the loan was a non-recourse loan when in fact it was recourse, he ruled. However, the judge added that it would be an "injustice", given the particular circumstances of this case, to find LK Shields must indemnify the Lynchs against AIB's claim. The particular circumstances included Mr Lynch's "highly implausible" claim he made a last- minute decision at Heathrow Airport hours before the deal closed he would not proceed with it if the loan was a recourse loan.
A gross-up clause is a provision in a contract which provides that all payments must be made in the full amount, free of any deductions without exercising any right of set-off. The provision will usually indicate that if there is a mandatory withholding or deduction by operation of law (usually with respect to tax), then the paying party shall "gross up" the payment so that the receiving party receives the same net amount. A gross-up clause is also used when a payment that is made will be subject to taxes and the payer makes an additional payment to indemnify the recipient against the taxes – that payment will also be subject to tax. The sequence of additional payment, tax calculation, additional payment continues until the recipient receives the same amount, net of all the taxes, as would have been received had there been no taxes.
An indemnity case arises when an individual is obliged to pay for the loss or damage incurred by another person in an event of an accident, collision etc. The duty of indemnity generally originates from the agreement in between insurer and insured which protects the insured against any liability, damage or loss. The duty to indemnify is the insurer's duty to pay all covered sums for which the insured is held liable, up to the limits of coverage and subject to any deductibles, retained limits, self-insured retention, excess payments, or any other amounts of money which the insured is required to pay out-of-pocket as a precondition to the insurer's duty. It is generally triggered when a final judgement is entered against the insured, and it is satisfied when the insurer pays such covered amounts to the plaintiff who obtained the judgement.
Generally, an insurer who breaches any of the foregoing duties will be held liable for breach of contract. In most jurisdictions, the result is a judgment requiring payment of the insured's expectation damages—the sums that the insurer should have paid under its duty to indemnify. But this will be circumscribed by the policy limits, and will generally not compensate the insured for losses incurred as a consequence of the insurer's breach, such as lost business opportunities when money intended to be invested in those opportunities was diverted (or seized) to pay judgments. In the United States (and to a lesser extent, Canada), an insurer who breaches any of these three duties in a particularly egregious fashion may also be held liable for the tort of insurance bad faith, under which the insured may be able to recover compensatory damages in excess of the policy limits, as well as punitive damages.
Atheists of Florida, like many other atheist groups affiliated with the Atheist Alliance, had its beginning as a chapter of American Atheists. During the 1980s, American Atheists (AA) operated a chapter program intended to increase membership through the activities of these chapters. To indemnify the organization from being financially depleted through a lawsuit, Madalyn Murray O’Hair, founder of AA, formed six organizations in addition to the anchor corporation, Society of Separationists, Inc. A board of directors was established for each corporation consisting of O’Hair, her son, Jon Murray, president for life of American Atheists, and her adopted granddaughter, Robin Murray O’Hair, and two other members of AA. This way, the O’Hair family retained complete control of all corporations. O’Hair structured the business to provide for the future of her family. Any funds inherited by the organization became the private property of the O’Hair family, never accounted for within the organization.
The Adams–Onís Treaty, also known as the Transcontinental Treaty, was signed on February 22, 1819, by John Quincy Adams and Luis de Onís y González-Vara, but did not take effect until after it was ratified by Spain on October 24, 1820, and by the United States on February 19, 1821. The U.S. received Florida under Article 2 and inherited Spanish claims to the Oregon Territory under Article 3, while ceding all its claims on Texas to Spain under Article 3 (with the independence of Mexico in 1821, Spanish Texas became Mexican territory), and pledged to indemnify up to $5,000,000 in claims by American citizens against Spain under Article 11. Under Article 15, Spanish goods received exclusive most favored nation tariff privileges in the ports at Pensacola and St. Augustine for twelve years. In Dorr v. United States (195 U.S. 138, 141–142 (1904)) Justice Marshall is quoted more extensively as follows:Dorr v.
8 George III. ch. 22, which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, and are subversive of American rights. Also 12 Geo. III. ch. 24, intituled, "An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores," which declares a new offence in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offence described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm.
Retrieved December 16, 2011. In October 2011, Anadarko Petroleum agreed to pay BP $4 billion and the two companies settled all claims between them. Anadarko yielded its 25% stake in Mississippi Canyon Block 252 (Macondo) to BP in the agreement and BP will indemnify Anadarko for damage claims arising under the U.S. Oil Pollution Act, among other costs. In December 2011, Cameron International agreed to pay a $250 million settlement to BP PLC to settle all claims related to the Deepwater Horizon with neither party admitting responsibility. "BP still has not reached a settlement with Transocean ... nor Halliburton ... A trial date over lawsuits related to the accident awaits BP in February (2013)", the update continued.Gelsi, Steve, "Cameron rises on BP settlement ...", MarketWatch, December 16, 2011 4:29 pm EST. Retrieved December 16, 2011. In September 2014, Halliburton agreed to settle a large percentage of legal claims against it over the Deepwater spill by paying $1.1 billion into a trust by way of three installments over two years.
They recommended a Bill be brought in to indemnify him from the consequences of having acted as a Member of Parliament while disqualified (he was potentially liable for fines of £9,500) but found it difficult to determine whether to validate his election and allow him to continue as an MP. By the time he had been nominated as a candidate in the August by-election, three other MPs had been discovered to have held similar offices and a Select Committee had found them to be disqualified.Report of the Select Committee on Elections, House of Commons Paper 145-I, para 7. The Select Committee noted that the issue of disqualification was a very prominent issue in the by-election as it was prompted by the disqualification of Mitchell, and it was known that in the event of his return an election petition would be presented to disqualify him again.Report of the Select Committee on Elections, House of Commons Paper 145-I, para 8.
The French era ended in January 1814 with the occupation by Blücher's Russian troops. The region first found itself under the Generalgouvernement Mittelrhein, a provisory body run by the Prussians, but by 16 June 1814, it had been put under the joint Imperial and Royal Austrian and Royal Bavarian Landesadministrationskommission. As of 2 June 1815, the area around Herrstein was awarded to Prussia, and administered as the Oberstein district, on the basis of the 25th article of the concluding act of the Congress of Vienna.Acte du Congrès de Vienne du 9 juin 1815, Art. 49: Territoires réservés pour les maisons d'Oldenbourg, de Saxe-Cobourg, de Mecklenbourg-Strelitz, et le comte de Pappenheim In the course of the implementation of the Concert of Europe after the Congress of Vienna in 1815, though, Prussia had to indemnify several lesser rulers with pieces of territory on the Rhine's left bank under Article 49 of the concluding act of the Congress of Vienna.
However, on 16 July, the King's highly influential and belligerent War Minister, Louvois, died; 12 days later Louis XIV recalled the more moderate Pomponne to sit in the Conseil d'en haut, the consequences of which were to alter the political direction of the state.Wolf: Louis XIV, 568 Now facing a superior enemy, and unable to sustain their forces on the Piedmontese plain, Louis XIV offered further peace terms in December, but these provisions bore no resemblance to the original demands at the beginning of the war in Italy in May 1690. Louis XIV was now prepared to indemnify Savoy for the costs of the war, and the places France had conquered would be sequestrated in neutral hands; Casale would be razed, and, in the event of the death of Charles II, King of Spain, Louis XIV would help Amadeus to conquer the Milanese. By now, however, Amadeus was not prepared to negotiate seriously, especially as he anticipated military superiority for the following campaign.
Uber's design appeared to be almost identical to that of Waymo. The civil suit between Uber and Waymo was settled in February 2018 with Uber agreeing to pay Waymo 0.34% of its equity, valued at approximately $245 million, and not to use the unit's technology. Before filing its lawsuit against Uber in 2017, Google had separately taken Levandowski to private arbitration over a contract dispute. On March 4, 2020, Levandowski filed for bankruptcy protection after the court confirmed an arbitration panel's ruling that Levandowski and his colleague Lior Ron had breached their employment contracts with Google by poaching employees for their startup. The panel found that Levandowski owed Google $179 million—$120 million accounted for the salary he received while at the company, and the remainder for interest and legal fees accrued. On March 30, 2020, Levandowski filed a motion with a California bankruptcy judge to force Uber to honor its contractual obligation to indemnify Levandowski.
Whilst at first his political viewpoints were fairly typical of Unionism at the time, McCoy began to doubt how far the Union was safeguarded by the existing status of Northern Ireland as it was entirely determined by the United Kingdom, whom, he felt, could as easily vote it out of existence as retain it. As a result, McCoy called for Northern Ireland to be governed as a Dominion within the Commonwealth, along the lines of Australia and Canada, with the British monarch retained as Head of State, but with the Northern Irish Parliament otherwise free to govern. McCoy's ideas were generally rejected by the Unionist establishment, who were generally happy with the way things were, and he was sidelined, although he did serve as Speaker of the House of Commons of Northern Ireland in 1956 during a brief period when the long-term Speaker Sir Norman Stronge was forced to step aside. An office Stronge held was found to disqualify him, but he resigned it and a Bill was rushed through Parliament to indemnify him.
Article 16 of the San Francisco Treaty states: > As an expression of its desire to indemnify those members of the armed > forces of the Allied Powers who suffered undue hardships while prisoners of > war of Japan, Japan will transfer its assets and those of its nationals in > countries which were neutral during the war, or which were at war with any > of the Allied Powers, or, at its option, the equivalent of such assets, to > the International Committee of the Red Cross which shall liquidate such > assets and distribute the resultant fund to appropriate national agencies, > for the benefit of former prisoners of war and their families on such basis > as it may determine to be equitable. The categories of assets described in > Article 14(a)2(II)(ii) through (v) of the present Treaty shall be excepted > from transfer, as well as assets of Japanese natural persons not residents > of Japan on the first coming into force of the Treaty. It is equally > understood that the transfer provision of this Article has no application to > the 19,770 shares in the Bank for International Settlements presently owned > by Japanese financial institutions. Accordingly, Japan paid £4,500,000 to the Red Cross.
A drawing from 1708, which was claimed to be a portrait of Anne Hathaway On 27 November 1582, Shakespeare was issued a special licence to marry Anne Hathaway, the daughter of the late Richard Hathaway, a yeoman farmer of Shottery, about a mile west of Stratford (the clerk mistakenly recorded the name "Anne Whateley"). He was 18 and she was 26. The licence, issued by the consistory court of the diocese of Worcestor, 21 miles west of Stratford, allowed the two to marry with only one proclamation of the marriage banns in church instead of the customary three successive Sundays. Since he was under age and could not stand as surety, and Hathaway's father was not living, two neighbours of Hathaway, Fulk Sandalls and John Richardson, posted a bond of £40 the next day to ensure that no legal impediments existed to the union, that she had the consent of the bride's "friends" (in lieu of parents or guardians had she been under age), and to indemnify the bishop issuing of the licence from any possible liability for the wife and any children should any impediment nullify the marriage.
It was not until after the cardinals of the two colleges had led to the convocation of the Council of Pisa (1409) that d'Ailly renounced his support of Benedict XIII, and, for want of a better policy, again allied himself with the cause which he had championed in his youth. In the council lay now, to judge from his words, the only chance of salvation; and, in view of the requirements of the case, he began to argue that, in case of schism, a council could be convoked by any one of the faithful, and would have the right to judge and even to depose the rival pontiffs. This was, in fact, the procedure of the council of Pisa, in which d'Ailly took part. After the declaration of the deposition of the Roman pope Gregory XII and Benedict XIII, the council went on to elect Alexander V (26 June 1409). This pope reigned only ten months; his successor, John XXIII, raised d'Ailly to the rank of cardinal (6 June 1411), and further, to indemnify him for the loss of the bishopric of Cambrai, conferred upon him the administration of that of Limoges (3 November 1412), which was shortly after exchanged for the bishopric of Orange.

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