Wilful Misconduct definition
Examples of Wilful Misconduct in a sentence
For the purposes of this Joint Operating Agreement, the term "Wilful Misconduct" shall mean such wanton and reckless conduct as amounts to a wilful and utter disregard for avoidable and foreseeable harmful consequences.
Subject to clauses 14.2 and 14.3(a), where the Contractor or any of its employees, agents or Sub-Contractors or any of their employees or agents breaches an obligation under the Agreement (regardless of whether the conduct constitutes Serious and Wilful Misconduct), VicForests may notify the Contractor of such breach.
The Loan Servicer shall have received updated Project Plans, certified by the Independent Engineer as being satisfactory, other than those Project Plans set forth in Schedule 4.1.11 that are immaterial or are not required as of the Financial Closing Date and can be obtained when needed in the ordinary course of business.
The costs of taking such measures shall be included automatically as an approved addition to the then current Budget and shall be deemed to be Petroleum Costs subject to Cost Recovery under this Agreement, unless such accident or other emergency (or anticipated emergency) was the result of Contractor’s Wilful Misconduct.
The first sentence of this Article 15.2 does not apply to Articles 7.6 and 7.7 (title warranties), 15.1 (settlement of Default Quantities), interest on amounts due, and does not apply in case of liability caused by Wilful Misconduct.