Gross Negligence and definition

Gross Negligence and or Wilful Misconduct” means a reckless and wanton or intentional and conscious disregard of a manifest duty arising from any provision of this Agreement by senior management personnel acting within the scope of their authority (including, but not limited to, the managers of drilling, exploration, accounting, engineering and drilling superintendents), but shall not include any error of judgment or mistakes made by such senior management personnel in the exercise, in good faith, of any function, authority or discretion conferred upon the individual in question; provided, however, senior management personnel shall not by reason solely of the gross negligence or wilful misconduct complained of be deemed to be acting outside the scope of their authority.
Sample 1

Examples of Gross Negligence and in a sentence

  • If you act with Gross Negligence and this causes losses, you may be legally responsible for those losses.

  • Products Liability, Negligence, Gross Negligence, and Negligence Per Se under General Maritime Law As explained in the B1 Order, general maritime law recognizes a cause of action for negligence and products liability (Red.

  • If you act with intent or Gross Negligence and you cause losses as a result, you may be Liable for them.

  • Remaining Counts GTGL also moves for summary judgment as to Count IX (Negligent Hiring, Retention and/or Supervision); Count X (Intentional Infliction of Emotional Distress); Count XI (Negligent Infliction of Emotional Distress); Count XII (Negligence); Count XIII (Gross Negligence); and Count XIV (Willful and Wanton Misconduct).

  • Alleged Gross Negligence and Recklessness Plaintiffs claim they “wanted diversified investments.” Plaintiffs’ Proposed Findings of Fact and Conclusions of Law (hereafter, “Plaintiff’s FFCL”), pg.

  • Given the paradigm shift created by SPP’s taking responsibility as the Consolidated Balancing Authority and the complete reliance by the legacy BA’s on SPP’s actions in that capacity, OG&E believes that the SPP should accept the liabilities that go along with those responsibilities and as a result, a legacy BA’s Simple Negligence should be indemnified by the SPP and its Gross Negligence and Intentional Misconduct should not.

  • Negligence, Gross Negligence, and Recklessness(Wrongful Death and Survival Claim) The City of Eloy had a duty to maintain safe and sanitary conditions at Dilley, including a duty to ensure safe and sanitary conditions appropriate for small children detained at the facility.

  • Gross Negligence and Fraud If the buyer believes the quality deficiency is great enough to constitute gross negligence or fraud, he may file a technical arbitration, to seek cancellation of contract, with or without damages.

  • In their Reply, Defendants argue that “Plaintiff’s Claims for Gross Negligence and Wrongful Death Should be Dismissed,” because there is no cause of action for grossly negligent infliction of emotional distress, and because both claims are based on a duty that does not exist.

  • Fogt, ‘The Knowledge Test Under the CISG- A Global Threefold Distinction of Negligence, Gross Negligence and De Facto Knowledge’ (2015) 34 JL & Com.

Related to Gross Negligence and

  • 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.

  • Willful means any act or omission by the Executive that was in good faith and with a reasonable belief that the action or omission was in the best interests of the Company or its affiliates. Any act or omission based upon authority given pursuant to a duly adopted Board resolution, or, upon the instructions of any senior officer of the Company, or based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the Executive in good faith and in the best interests of the Company and/or its affiliates.

  • Willful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Wilful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Misconduct means the commission of any act of fraud, embezzlement or dishonesty by the Optionee or Participant, any unauthorized use or disclosure by such person of confidential information or trade secrets of the Corporation (or any Parent or Subsidiary), or any other intentional misconduct by such person adversely affecting the business or affairs of the Corporation (or any Parent or Subsidiary) in a material manner. The foregoing definition shall not in any way preclude or restrict the right of the Corporation (or any Parent or Subsidiary) to discharge or dismiss any Optionee, Participant or other person in the Service of the Corporation (or any Parent or Subsidiary) for any other acts or omissions, but such other acts or omissions shall not be deemed, for purposes of the Plan, to constitute grounds for termination for Misconduct.

  • Negligence means the failure to exercise "Reasonable Care".

  • Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

  • Professional Misconduct means conduct inconsistent with the Act, this By-law, the Rules of Professional Conduct or the Standards and Guidelines of Practice that poses or may pose a risk of harm or loss to any person;

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Wilful Default means a deliberate act or omission which will result in (and can reasonably be expected to have been intended to result in) a breach of this Agreement and which, as soon as practicable, but in any event within 30 days after written notice (particularising the alleged breach) is given to the party alleged to be in default, is not either:

  • Fraud means any offence under laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Official misconduct means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.

  • Homelessness or "homeless" means a condition where an

  • Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. As used in this definition, (i) “fabrication” means making up data or results and recording or reporting them; (ii) “falsification” means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record; and (iii) “plagiarism” means the appropriation of another person’s ideas, processes, results, or words without giving appropriate credit.

  • Academic Misconduct means an act described in s. UWS 14.03.

  • Gross means the weight or the concentration contained in the discharge. (Unless a limitation is specified as a net limitation, the limitation contained in this permit is a gross limitation).

  • Indemnified Amounts Defined in Section 11.1.

  • Willful and Material Breach means a deliberate act taken or deliberate failure to act that the breaching party intentionally takes (or fails to take) with the actual knowledge that the taking of such act or failure to take such act constitutes, or will constitute, a material breach or deemed breach of this Agreement.

  • Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.

  • Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.

  • Indemnified Matters has the meaning specified therefor in Section 12.15.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Indemnified Persons has the meaning assigned to such term in Section 7.12(c).

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Indemnified Costs has the meaning specified in Section 8.05(a).

  • Related Persons means, with respect to any Person, each Affiliate of such Person and each director, officer, employee, agent, trustee, representative, attorney, accountant and each insurance, environmental, legal, financial and other advisor and other consultants and agents of or to such Person or any of its Affiliates.