Gross Negligence. In no event shall CM/GC be entitled to reimbursement of any cost attributable to CM/GC's gross negligence or willful misconduct.
Gross Negligence. In no event shall Design-Builder be entitled to reimbursement of any cost attributable to Design-Builder's gross negligence or willful misconduct.
Gross Negligence. If Executive engages in conduct that constitutes gross negligence in the performance of his or her duties under this Agreement and that is materially detrimental to the Company, is either incurable or, if curable, Executive fails to cure his or her gross negligence within thirty (30) days after receipt of written notice thereof;
Gross Negligence a person’s failure to exercise necessary care to a material extent. In the context of these Insurance Terms, gross negligence includes acts of a person under the influence (such as an alcoholic or narco tic/psychotropic intoxication), and consumption of alcohol or drugs/psychotropic substances immediately after an insured event.
Gross Negligence. Notwithstanding the foregoing, Owner shall not be required to indemnify Agent against damages suffered as a result of gross negligence or willful misconduct on the part of Agent, its agents, employees or employees of Owner.
Gross Negligence. The indemnity obligation of the Company pursuant to this Section 11.15 shall not apply with respect to an Indemnitee, to the extent arising as a result of the fraud, bad faith, gross negligence or willful misconduct of such Indemnitee, as finally judicially determined by a court of competent jurisdiction, but shall continue to apply to other Indemnitees.
Gross Negligence. “Gross Negligence” shall mean a Member’s failure, through act or omission, to perform a material duty specifically set forth herein in reckless disregard of the consequences thereof. 1.55
Gross Negligence. “Gross Negligence” means; any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing; Gross negligence shall not include any action taken in good faith for the safeguard of life or property.
Gross Negligence. Subject to an additional special agreement between Seesam and the policyholder, subsections 5.6 and 5.7 of section 5 of the Road Carrier’s Liability Insurance Terms and Conditions (Release of the insurer from the obligation to perform the insurance agreement) will not be applied, i.e. a situation where a loss event occurred through gross negligence of the insured person or where the insured person caused a loss event under the influence of alcohol, drugs or psycho- tropic substances will also be regarded as an insured event.