Interrelated Wrongful Acts Clause Samples

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Interrelated Wrongful Acts. Two or more Claims based upon, arising out of or attributable to the same or Related Wrongful Acts shall be considered and treated as a single Claim under the Policy regardless of whether made against one or more than one Insured. All such Claims shall be considered first made within the Policy Period in which the earliest of such Claims was first made, or deemed to be made and shall be subject to one Limit of Liability and Deductible.
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Interrelated Wrongful Acts. Any Wrongful Acts arising out of one originating cause or any common fact, event, transaction or circumstances which are legally or economically connected.
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Interrelated Wrongful Acts. Wrongful Acts that have a common nexus, fact, circumstance, situation, event, transaction, goal, motive, methodology, or cause or series of causally connected facts, circumstances, situations, events, transactions, goals, motives, methodologies or causes.
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Interrelated Wrongful Acts. All Claims for Damages and related Defense Costs which arise out of a single Wrongful Act, together with any Interrelated Wrongful Acts, will be considered to have arisen out of a single Wrongful Act and such Claims will be subject to the Each Wrongful Act Limit of Liability and Deductible as set forth in the Declarations. Such Wrongful Act, together with any Interrelated Wrongful Acts, will be deemed to have occurred on the date on which the earliest of such Wrongful Acts commences. If a Wrongful Act commences, or Interrelated Wrongful Acts commence, prior to the applicable Retroactive Date, there shall be no coverage under this policy for the Insured for any of such Wrongful Acts or Interrelated Wrongful Acts, even if some of those Wrongful Acts or Interrelated Wrongful Acts occur after the Retroactive Date and before the end of the Policy Period. The Insurer shall not be liable for Damages or Defense Costs on account of, and the insurance afforded by this policy shall not apply to, any Claim: A. alleging, based upon, arising out of, or attributable to: 1. bodily injury to or sickness, disease, mental illness or death of any person; 2. physical damage to, loss or destruction of, or loss of use of tangible property; B. alleging, based upon, arising out of, or attributable to: 1. the validity, invalidity, infringement, violation or misappropriation of any patent, copyright, domain name, trademark, trade name, trade dress, Trade Secret, service mark, service name, title, slogan or other intellectual property of any third party; or plagiarism, piracy or misappropriation of ideas of any third party; 2. any actual or alleged breach of any confidentiality agreement; C. alleging, based upon, arising out of, or attributable to fraud or dishonesty, or criminal or malicious Wrongful Acts; provided, however, this exclusion shall not apply to Defense Costs or the Insurer’s duty to defend any such Claim until there is a judgment against, binding arbitration against, adverse admission by, finding of fact against, or plea of nolo contendere or no contest by the Insured, at which time the Insured shall reimburse the Insurer for any Defense Costs paid by the Insurer; D. brought or maintained by, on behalf of, or in the right of any Insured, or any person or entity for whom or which an Insured is legally responsible; E. alleging, based upon, arising out of, or attributable to any liability an Insured assumes under any contract or agreement, whether written or oral; but thi...
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Interrelated Wrongful Acts. If different parts of a single Claim are subject to different Retentions, the applicable Retention shall be applied separately to each part of the Loss, but the sum of such Retentions shall not exceed the largest applicable Retention.
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Related to Interrelated Wrongful Acts

  • Acts of God In the event either party is unable to perform its obligations under the terms of this Management Agreement, despite having taken commercially reasonable precautions, because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. The Manager and the Trust shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.

  • STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout.

  • Acts of God, etc FIIOC and FSC shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, or failure of communication equipment of common carriers or power supply. In the event of equipment breakdowns beyond its control, FIIOC and FSC, as applicable, shall, at no additional expense to any Trust, take reasonable steps to minimize service interruptions and mitigate their effects but shall have no liability with respect thereto. FIIOC and FSC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provision for emergency use of electronic data processing equipment.

  • Causes The contract may be terminated before the stated completion date by any of the following conditions. 1. By mutual agreement and consent, in writing from both parties. 2. By the State by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. 3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein. 4. By the State for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty business days notice of termination in writing to the Engineer. 5. By the State, if the Engineer violates the provisions of Attachment A, General Provisions Article 21, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements. 6. By satisfactory completion of all services and obligations described herein.

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence: a. The Commissioner may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or b. The Contractor will make commercially reasonable efforts to provide Authorized Users with access to Products first in order to fulfill orders placed before the Force Majeure event occurred. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during the occurrence of the Force Majeure event. Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a Force Majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss. Failure of the Contractor to agree to any adjustment shall be a dispute under the Disputes clause; provided however, that nothing in this clause shall excuse the Contractor from performing in accordance with the Contract as changed.