Negligent Acts Sample Clauses

Negligent Acts. The Parties hereto are governmental entities as set forth in the Governmental Immunity Act of Utah, Title 63G, Chapter 7 of the Utah Code (the “Immunity Act”). Consistent with the Immunity Act, each Party is responsible and liable for its own wrongful and negligent acts.
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Negligent Acts. The limitation on liability under subsection (a) shall not apply, and the indemnification under subsection (b) shall not be made, in any case where the act or acts (or inaction) giving rise to liability by such Indemnitee is determined by a court of competent jurisdiction to have constituted actual fraud, gross negligence (as determined by Delaware law), willful misconduct or recklessness against the Partnership, but shall apply in any case where the act or acts (or inaction) allegedly giving rise to liability by such Indemnitee is determined by a court of competent jurisdiction to have constituted negligence.
Negligent Acts. Each Partner shall be liable while it is a Partner or after it has ceased to be a Partner for any grossly negligent acts or omissions committed by it or those Persons directly under its control while it is or was a Partner in the Partnership.
Negligent Acts. Any negligent act on any Party’s behalf that results in the loss of or damage to the other Party’s aircraft, while operating in the Restricted Area, with permission or not, will result in the Offending Party becoming liable for damages to the Affected Party.

Related to Negligent Acts

  • Negligent Fire A “Negligent Fire” is a fire caused by negligence or fault of Purchaser’s Operations, including, but not limited to, one caused by smoking by persons engaged in Purchaser’s Operations during the course of their employment, or during rest or lunch peri- ods; or if Purchaser’s failure to comply with the require- ments of B7.2 and B7.3 results in a fire starting or permits a fire to spread. Damages and the cost of suppressing Negligent Fires shall be borne by Purchaser.

  • Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).

  • Misconduct Unless a Change of Control shall have occurred after the date hereof:

  • Negligent or Willful Damage Un- designated timber meeting Utilization Standards and un- necessarily damaged or negligently or willfully cut by Pur- chaser, if included by Contracting Officer.

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Misrepresentations Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

  • Express Negligence THE PARTIES INTEND THAT THE INDEMNITIES SET FORTH IN THIS ARTICLE 8 BE CONSTRUED AND APPLIED AS WRITTEN ABOVE, NOTWITHSTANDING ANY RULE OF CONSTRUCTION TO THE CONTRARY. WITHOUT LIMITING THE FOREGOING, SUCH INDEMNITIES WILL APPLY NOTWITHSTANDING ANY STATE’S “EXPRESS NEGLIGENCE” OR SIMILAR RULE THAT WOULD DENY COVERAGE BASED ON AN INDEMNIFIED PARTY’S SOLE OR CONCURRENT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS NEGLIGENCE. IT IS THE INTENT OF THE PARTIES THAT, TO THE EXTENT PROVIDED ABOVE, THE INDEMNITIES SET FORTH IN THIS ARTICLE 8 WILL APPLY TO AN INDEMNIFIED PARTY’S SOLE OR CONCURRENT, ACTIVE OR PASSIVE NEGLIGENCE OR GROSS NEGLIGENCE. THE PARTIES AGREE THAT THIS PROVISION IS “CONSPICUOUS” FOR PURPOSES OF ALL STATE LAWS.

  • Standard of Care; Liabilities (a) The Bank shall be responsible for the performance of only such duties as are set forth in this Agreement or expressly contained in Instructions which are consistent with the provisions of this Agreement. Notwithstanding anything to the contrary in this Agreement:

  • Standard of Care; Liability (a) Bank shall use reasonable care in performing its obligations under this Agreement. Bank shall not be in violation of this Agreement with respect to any matter as to which it has satisfied its obligation of reasonable care.

  • Act The term “Act” means the Securities Exchange Act of 1934, as amended.

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