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 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
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.
Examples of Gross Negligence or Wilful Misconduct in a sentence
Each Party indemnifies the other for any loss arising out of its Gross Negligence or Wilful Misconduct.
The aggregate liability of the Service Provider and its Related Bodies Corporate in respect of the Transportation Agreement, excluding for the Gross Negligence or Wilful Misconduct of the Service Provider or its Related Bodies Corporate, will be limited to a monetary liability cap of 10 per cent of the contract value over the life of the Transportation Agreement.
If more than one Shipper delivers Off-spec Delivery Gas into the Trans- portation System, said Shippers will inter partes bear their own loss, damage, liability, costs or expense except in case of Gross Negligence or Wilful Misconduct by another Shipper.
The indemnities given herein above by Company shall not apply for loss, damage, liability, claim, demand, expense, cost or cause of action may be caused, occasioned by or contributed to by Gross Negligence or Wilful Misconduct of the Contractor.
Subject to Article20.3 the Operator shall compensate the Shipper for any loss of or damage to Shipper's Gas when transported in the Trans- portation System except to the extent such loss or damage is attributable to Gross Negligence or Wilful Misconduct by either the Operator on the one side or by the Shipper on the other side.
More Definitions of Gross Negligence or Wilful Misconduct
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 unjustifiable act or omission that constitutes an intentional, deliberate, reckless or conscious disregard of the best practices of the international petroleum industry or terms of the Contract, in connection with Petroleum Operations.
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
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 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.