Gross Negligence and Willful Misconduct. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY FOR EACH PARTY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) TO CLAIMS FOR INDEMNIFICATION UNDER ANY ARTICLE, INCLUDING ARTICLE 22 (INTELLECTUAL PROPERTY INDEMNIFICATION) OR ARTICLE 35 (INDEMNIFICATION FOR PERSONAL INJURY AND PROPERTY DAMAGE).
Gross Negligence and Willful Misconduct. Notwithstanding anything to the contrary set forth herein, the limitations provided in Section 10.1 and Section 10.2 shall not apply in case of gross negligence (faute lourde), willful misconduct (faute intentionnelle) or fraud.
Gross Negligence and Willful Misconduct. It is understood and agreed that the limitations on RP’s liability as set forth in Sections 8.2, 8.4 and 8.5 shall not apply in respect to any personal injuries or property damages, to the extent that such injuries or damages have been caused by RP’s gross negligence or willful misconduct.
Gross Negligence and Willful Misconduct. ARTICLE 27.1 SHALL NOT APPLY IN THE EVENT OF A PARTY’S GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT IN WHICH CASE SUCH PARTY MAY BE LIABLE AND RESPONSIBLE FOR AMOUNTS REPRESENTING LOST PROFITS, LOSS OF BUSINESS AND THE OTHER DAMAGES DESCRIBED IN ARTICLE 27.1 UP TO AN AMOUNT NOT TO EXCEED IN THE CUMULATIVE MAXIMUM [***] UNITED STATES DOLLARS (US $[***]). THE FOREGOING AMOUNT SHALL BE IN EXCESS OF ANY LIABILITIES SUBJECT TO ARTICLE 27.2.
Gross Negligence and Willful Misconduct. 12.6.1. The limitations of Supplier’s liability towards End User according to this Clause 12 shall not apply to the extent Supplier is guilty of gross negligence or willful misconduct or to the extent such limitation is prohibited under mandatory law.
Gross Negligence and Willful Misconduct. Notwithstanding anything to the contrary in this Agreement, each party shall bear full responsibility, without limit, for its gross negligence or willful misconduct attributable to its managerial and senior supervisory personnel and, in no event, will a party be required to release or indemnify the other party for gross negligence or willful misconduct attributable to the other party's managerial or senior supervisory personnel.
Gross Negligence and Willful Misconduct. D A T A P E L A Notwithstanding anything in this Agreement to the contrary, the CLIENT shall have no obligation while under this Agreement to indemnify or hold harmless DATAPEL from any Losses arising as a direct result of DATAPEL's gross negligence, willful misconduct or acts of fraud. DATAPEL SYSTEMS Pty Ltd. ABN 00-000-000-000 Phone 000-0000-0000 Fax 0000-000-000 Y XX Xxx 0000, Xxxx Xxxxx, XX 0000 T Xxxx 0/000, Xxx Xxxxxx, Xxxxxxx XX 0000 xxx.xxxxxxx.xxx Schedule A : Fees R
Gross Negligence and Willful Misconduct. The Independent Contractor shall not “back date,” or in any way illegally alter any document. The Independent Contractor indemnifies RSH Notary and holds RSH Notary completely harmless for any damages resulting from Independent Contractor’s wrongdoing, whether as a result of gross negligence or willful misconduct. Independent Contractor Date Exhibit B Ethical Considerations And Requirements Independent Contractors shall accept only those assignments for which they have the time and the competency to complete in a timely and professional manner. Independent Contractor’s personal bias towards a client, a client’s opinions or a client’s property shall not be disclosed or be evident, during the transaction with the client nor within the submit report. Independent Contractors shall maintain the confidential nature of the relationship between themselves and the client. It is unacceptable to disclose the analyses, opinions or conclusions of the services performed to anyone other than the client or third parties authorized by the client. Independent Contractors shall at all times conduct their activities in a manner that best reflects the client. Independent Contractors need to remember that they are representing the lender at that moment. Independent Contractors will always present themselves professionally and appropriately, while conducting their activities for the lender and RSH Notary. In part, this would include their dress, which at a minimum requires business casual attire; shorts, t-shirts, sandals, etc. are unacceptable. Independent Contractors will provide the borrower with the best location options for signing their transaction. The Independent Contractor’s home would be considered an unacceptable choice. It is unacceptable for acceptance of ancillary compensation for services or contingent upon reporting a conclusion or recommendation that favors the borrower. It’s considered unethical to establish compensation for Title and Closing services on any basis other than a fair professional fee reflecting the time, responsibility and expenses involved in the completion of the assigned order. A licensed and authorized Independent Contractor may only conduct services. Unauthorized parties are prohibited from attending or participating in any form of the title, closing or signing process. Independent Contractors should not engage in any manner which is false, misleading, deceptive or exaggerated or which is inconsistent with their fiduciary responsibilities. P...
Gross Negligence and Willful Misconduct. Notwithstanding anything in this Agreement or an Order to the contrary, each party is fully responsible, without limit, for Gross Negligence or Willful Misconduct of its managerial and senior supervisory personnel and is not entitled to a release, indemnity, or defense from the other party for this conduct. “Gross Negligence” is defined by the law governing the Order; however, if such law does not define the term “gross negligence,” it means any act or failure to act (whether sole, joint or concurrent) which seriously and substantially deviates from a diligent course of action or which is in reckless disregard of or indifference to the harmful consequences. “Willful Misconduct” is defined by the law governing the Order; however, if such law does not define the term "willful misconduct,” it means an intentional disregard of good and prudent standards of performance or of any of the terms of the Order. 13. [RESPONSIBILITY FOR PROPERTY - NOT USED] 14. Insurance (a) Supplier will maintain its existing insurance and any other insurance required by law or applicable jurisdiction-specific provision in Exhibit F, including, without limitation, comprehensive and/or commercial general liability insurance coverage excess or umbrella liability policies, and any first- party property coverage for Supplier’s tools, equipment, rented items, and other tangible property. Supplier may not require its subcontractors to purchase additional insurance beyond their existing coverage. (b) Supplier's primary, excess, and umbrella insurance policies or other coverages including, but not limited to, self-insurance or self-insured retentions, except workers’ compensation insurance unless indicated otherwise in this subsection (b) will: Fără a prejudicia prevederi contrare din prezentul Contract sau dintr-o Comandă, fiecare dintre părți este pe deplin răspunzătoare, fără limitare, pentru Neglijență Xxxxx xxx Abateri Intenționate săvârșite de personalul de management și conducere și nu are dreptul la exonerare, despăgubire sau protejare din partea celeilalte părți pentru astfel de conduită. „Neglijența Gravă” este definită de legislația care reglementează Comanda; totuși, dacă legislația respectivă nu definește „neglijența gravă”, aceasta înseamnă orice acțiune sau inacțiune (individuală, solidară sau concomitentă) care xx xxxxx în mod grav și substanțial de la un mod de a acționa diligent sau care ignoră sau manifestă indiferență în mod necugetat față de consecințele grave. „Abatere I...
Gross Negligence and Willful Misconduct. ARTICLE 26.1 SHALL NOT APPLY IN THE EVENT OF A PARTY’S GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT IN WHICH CASE SUCH PARTY MAY BE LIABLE AND RESPONSIBLE FOR AMOUNTS REPRESENTING LOST PROFITS, LOSS OF BUSINESS AND THE OTHER DAMAGES DESCRIBED IN ARTICLE 26.1 IN ACCORDANCE WITH APPLICABLE LAW.
