Gross Negligence or Wilful Misconduct means any act or omission which was wilful or which was done or omitted to be done with reckless disregard for its foreseeable and harmful consequences.
Gross Negligence or Wilful Misconduct means an act or failure to act (whether sole, joint, or concurrent) by a Party that was intended to cause or was in reckless disregard of, or wanton indifference to, the harmful consequences to the safety or property of a Person which the Party knew, or should have known, would result from such act or omission, but does not include an act or failure to act that constitutes mere ordinary negligence or occurred in accordance with the express instructions or approval of the relevant other Party.
Gross Negligence or Wilful Misconduct means any act, omission or failure to act (whether sole, joint, or concurrent) by a person that was intended to cause, or was in reckless disregard of or wanton indifference to, the harmful consequences to the safety or property of another person or to the environment which the person acting or failing to act knew (or should have known) would result from such act, omission or failure to act. However, Gross Negligence or Wilful Misconduct does not include any act, omission or failure to act insofar as it: (i) constituted mere ordinary negligence; or (ii) was done or omitted in accordance with the express instructions or approval of all Parties, insofar as the act, omission or failure to act otherwise constituting Gross Negligence or Wilful Misconduct was inherent in those instructions or that approval.94
Examples of Gross Negligence or Wilful Misconduct in a sentence
No Party excludes or limits its liability, if any, to the other Party for: death or personal injury caused by its negligence or any act or omission of the Party in default or its officers, employees, agents or sub-contractors; fraud or fraudulent misstatement; any matter which it would be illegal for it to exclude or to attempt to exclude its liability; or losses arising from Gross Negligence or Wilful Misconduct.
Nothing in this Clause 36.5 (Entire Agreement) shall limit or exclude any liability or remedy for fraud, Gross Negligence or Wilful Misconduct.
No Party excludes or limits its liability, if any, to the other Party for: death or personal injury caused by its negligence or any act or omission of the Party in default or its officers, employees, agents or sub-contractors fraud or fraudulent misstatement; any matter which it would be illegal for it to exclude or to attempt to exclude its liability; or Losses arising from Gross Negligence or Wilful Misconduct.
More Definitions of Gross Negligence or Wilful Misconduct
Gross Negligence or Wilful Misconduct means any unjustifiable act or omission, but not mere negligence, that constitutes an intentional, deliberate, reckless or conscious disregard of Best International Petroleum Industry Practices or the terms of this Contract, where such act or omission results in loss, damage or harm by the Senior Supervisory Personnel of a Party or the FOD.
Gross Negligence or Wilful Misconduct means, in respect of a person, any act or failure to act by that person intended to cause, or which was in reckless disregard of or wanton indifference to harmful consequence that such person knew, or should have known, such act or failure would have had on the safety or property of another person or entity, but shall not include any error of judgement or mistake made by such person in the exercise in good faith of any function, authority or discretion conferred on such person;
Gross Negligence or Wilful Misconduct means in relation to any of the Parties, the conscious or reckless disregard of Good Industry Practice or of the provisions of this Agreement by any of the officers or directors of that Party, its Affiliates, Contractors or Subcontractors;
Gross Negligence or Wilful Misconduct means any act or failure to act (whether sole, joint or concurrent) by any person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, harmful consequences such person or entity knew, or should have known, such act or failure would have on the safety or property of another person or entity.
Gross Negligence or Wilful Misconduct means any act or failure to act in breach of a duty of care that was intended to cause harm, which rises to the level of intentional wrongdoing, or was in reckless disregard of or wanton indifference to the harmful and foreseeable consequences of such act or failure to act, but does not include an act or failure to act that constituted merely a lack of due care (or a contractual breach alone); “Infringement” means the infringement or violation of any Intellectual Property (as defined in Section 12) by the Transition Services (other than for breaches and violations arising from Intellectual Property supplied by the other Party); and “Losses” means: (i) any and all damages, fines, penalties, losses, payments, credits paid, liabilities (including settlements, judgments and orders), costs, and expenses, including interest, court costs, professional fees and expenses (including legal fees on a solicitor and his/her own client basis); or (ii) any Claim relating to or for anything specified in (i) and all costs incurred in investigating, mitigating or pursuing any such Claim. Each of the Parties (as the “Indemnifying Party”) will, subject Section 6, indemnify, defend and hold harmless the other Parties and their affiliates, and their respective shareholders, owners, directors, officers, and employees, (collectively referred to as the “Indemnified Parties”) from and against any and all Losses incurred from a Claim arising from or in connection with or relating to the following: (i) any breach of the confidentiality and data security obligations in Sections 9 and 10 by the Indemnifying Party and (ii) any Gross Negligence or Wilful Misconduct on the part of the Indemnifying Party. In addition, the Service Provider, as the Indemnifying Party, will, subject to Section 6, indemnify, defend and hold harmless the Service Recipient’s Indemnified Parties from and against any and all Losses incurred from a Claim arising from or in connection with or relating to Infringement.
Gross Negligence or Wilful Misconduct means any act or omission done or omitted to be done intentionally or with deliberate or reckless disregard for the reasonably foreseeable consequences of such act or omission, but does not include any good faith error of judgement or mistake.
Gross Negligence or Wilful Misconduct means any act or omission done or omitted to be done intentionally or with deliberate or reckless disregard for the reasonably foreseeable consequences of such act or omission, but does not include any good faith error of judgement or mistake. "Services" shall have the meaning set out in Article 4.1. 1.3 In this Agreement, unless the context otherwise requires: (a) headings are for convenience only and do not affect the interpretation of this Agreement; (b) an expression importing a natural person includes any company, partnership, trust, joint venture, association, corporation or other body corporate and vice versa;