Breach of Duty. To indemnify Indemnitee on account of Indemnitee’s conduct which is the subject of any Proceeding brought by the Corporation and approved by a majority of the Board of Directors which alleges willful misappropriation of corporate assets by Indemnitee, disclosure of confidential information in violation of Indemnitee’s fiduciary or contractual obligations to the Corporation, or any other willful and deliberate breach in bad faith of Indemnitee’s duty to the Corporation or its stockholders; or
Breach of Duty. Nothing in this Paragraph shall have the effect of limiting or restricting any liability of a Transaction Party arising as a result of any Breach of Duty.
Breach of Duty. Nothing in this Clause shall have the effect of limiting or restricting any liability of a Transaction Party arising as a result of any gross negligence (grove xxxxxx), fraud, wilful misconduct (opzet) or breach of any agreement by such person.
Breach of Duty. 1. In the event of a breach of duty on the part of the Customer, in particular in the event of the Customer being in default with payment or failing to accept the consignment, Xxxxx und Xxxxxx shall be entitled, after the elapse of a reasonable deadline set for the Customer to comply, to cancel the contract and to take back any goods or services as well as to claim compensation instead of fulfilment. This shall not affect the statutory regulations relating to the lack of necessity to set a deadline and to make other claims due to us under the law.
Breach of Duty. In the event the Provider fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the MassHealth Program, EOHHS may take any or all action under this Contract, law, or equity. Without limiting the above, if EOHHS determines that the continued participation of the Provider in the MassHealth Program may threaten or endanger the health, safety, or welfare of Members or compromise the integrity of the MassHealth Program, EOHHS, without prior notice, may immediately terminate this Contract, suspend the Provider from participation, withhold any future payments to the Provider, or take any or all other actions under this Contract, law, or equity. The Provider is responsible for any direct, consequential, incidental, or other damages EOHHS and the Commonwealth suffer as a result of the Provider’s breach of its obligations hereunder, or damages arising out of or in connection with the Provider’s performance of the Contract.
Breach of Duty. A. After the signing of this Agreement, either party does not fulfill or does not completely fulfill the terms of this agreement shall constitute a breach of contract. The breach contract party shall be liable to pay the loss to the other party that follow this rule.
Breach of Duty. Section 38 The union representatives
Breach of Duty. Unless otherwise specifically provided for in this Agreement, default in the due observance or performance of any other covenant, agreement, obligation or provision of this Agreement on the Entity’s part to be observed or performed, and the continuance of such default for sixty (60) days after the MTFC has given the Entity written notice specifying such default, or such longer period as shall be reasonably required to cure such default, provided that: (i) the Entity has commenced such cure within said 60-day period, and (ii) the Entity diligently prosecutes such cure to completion; or
Breach of Duty. (1) In the event of a violation by Data Recipient of the obligations in keeping with article 1, subsection 2, and articles 3, 4, 6 and 7 Data Recipient shall be obliged, at the request of Data Provider, to pay a contract penalty of up to € 1000 for each individual violation. The enforcement of further damages is not thereby excluded.
Breach of Duty. [22] The Claimant, in its pleaded case4, alleged that the Defendant was negligent and/or breached its duty of care by failing to ensure a safe working environment and/or permitted him to carry out his duties in unsafe working conditions. In particular, two averments of such breach were given: (i) that the Defendant’s employees/agents negligently decided 4 See para 9 (A) (i) – (vii) of the Statement of Case to moor the vessel to the platform in conditions that were turbulent, unsafe and dangerous, which caused the vessel to become unsteady; and (ii) that Defendant’s employees/agents disregarded the Claimant’s Stop Work Notice and proceeded with the operation, which caused the Claimant to sustain injury.5
