Breach of Implied Contract Clause Samples

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 Class Counsel confirmed that they no longer represent ▇▇.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

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

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • No Implied Contract It is hereby understood and agreed between the parties hereto that no implied Contract of any kind whatsoever, by, or on behalf, of the Minister shall arise or be implied from anything contained in this Contract, or from any position or situation of the parties at any time, and that this Contract made by the Minister is, and shall be, the only Contract upon which any rights against the Minister are to be founded.

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