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An indemnity is distinct from a warranty in that: [8] An indemnity guarantees compensation equal to the amount of loss subject to the indemnity, while a warranty only guarantees compensation for the reduction in value of the acquired asset due to the warranted fact being untrue (and the beneficiary must prove such diminution in value).
A big boy letter is a pre-sale agreement in connection with a private sale of securities (such as in a PIPE transaction) not to sue over non-disclosure of material inside information that is not disclosed, entered into between two sophisticated parties. Big boy provisions may also be contained within securities purchase agreements, rather than ...
In theory, a small group of individuals or companies could band together to insure one another and form a reciprocal. In consumer insurance, more recently, entrepreneurs have formed attorneys-in-fact which then form reciprocals by providing the initial capital (often as a surplus note), attracting subscribers, and managing the exchange.
ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996) the click of a button accepting a license's terms on software counts as agreement; Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002) simply clicking a download button does not indicate agreement to the terms of a contract if those terms were not conspicuous; Seixas v.
The bond typically includes an indemnity agreement whereby the principal contractor or others agree to indemnify the surety if there is a loss. [19] In the United States, the Small Business Administration may guaranty surety bonds; in 2013 the eligible contract tripled to $6.5 million. [20]
California Casualty's policyholder-owned organization is rated B++ (Good) with a stable outlook by A.M. Best Company. California Casualty does not carry any debt on its balance sheet and has no liquidity issues. Their conservative investment philosophy prohibits exposure to the kinds of risks that have shaken Wall Street.
In the United States, the enforceability of such a waiver depends on state law, a jury, and the language of the waiver. [1] A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. [2]
Military Claims 'Knock for knock' is also used in a specific, analogous sense, for example, the following, cited in the "Law at War", from the US Army website : In addition to handling these routine matters, the chief of the Claims Section participated in the negotiations with the Korean government concerning the payment of foreign claims generated by troops of the Army of the Republic of ...