Willful misconduct or recklessness. To indemnify the Indemnitee for Expenses, Resolution Amounts or for any other liabilities of any type whatsoever if a final decision by a court of competent jurisdiction shall determine that the act or failure to act by the Indemnitee giving rise to the claim for indemnification constitutes willful misconduct or recklessness.
Appears in 2 contracts
Sources: Indemnification Agreement (Pep Boys Manny Moe & Jack), Indemnification Agreement (Pep Boys Manny Moe & Jack)