Wilful Breach means a breach of this Agreement that is a consequence of an act undertaken by the breaching Party with the actual knowledge that the taking of such act would, or would be reasonably expected to, cause a breach of this Agreement.
Wilful Breach means a material breach that is a consequence of an act undertaken by the breaching party with the actual knowledge that the taking of such act would, or would be reasonably expected to, cause a breach of this Agreement.
Wilful Breach of any representation, warranty or covenant of a Party means that, as applicable, a senior officer of the breaching Party (i) had actual knowledge that a representation or warranty of the Party to which he or she served as a senior officer was materially false when made or (ii) as to a covenant herein, directed or allowed the applicable Party to take an action, fail to take an action or permit an action to be taken or occur that he or she knew at such time constituted a material breach of a covenant herein by such Party.
Examples of Wilful Breach in a sentence
If this Agreement is terminated pursuant to Section 7.1, subject to Section 10.4, this Agreement shall become void and of no further force or effect without liability of any Party to any other Party to this Agreement except that no Party shall be relieved of any liability for any Wilful Breach by it of this Agreement.
Neither the termination of this Agreement nor anything contained in Section 8.2 or this Section 8.5 shall relieve or have the effect of relieving any Party in any way from liability for damages incurred or suffered by any other Party as a result of a Wilful Breach of this Agreement or fraud.
More Definitions of Wilful Breach
Wilful Breach means the intentional breach by a Party acting by the directors or senior managers or through an employee, agent or contractor of that Party acting on the instructions of such director or senior manager of any material obligation of a Party under this Agreement, excluding any error of judgement or mistake or omission made by any person in the exercise, in good faith, of any function, authority or discretion conferred pursuant to this Agreement;
Wilful Breach means a breach arising from or pursuant to a deliberate act or omission which occurs pursuant to an express policy or program to plan and implement Operational Constraints (including Maintenance Works and Infrastructure Enhancements) in a manner contrary to clauses 21.2(b) and (c) of the relevant Train Operations Deed.
Wilful Breach of any representation, warranty or covenant by a Party means that, as applicable, a senior officer or Director of the applicable Party (a) as to a representation or warranty herein, had actual knowledge that a representation or warranty of the Party to which he or she served as a senior officer or Director was materially false when made or (b) as to a covenant herein, directed or allowed the Party to take an action, fail to take action or permit an action to be taken or occur that he or she knew at such time would, or would be reasonably expected to, constitute a material breach of a covenant herein by such Party.
Wilful Breach means a material breach that is a consequence of an act or a failure to act undertaken by the breaching party with the actual knowledge that such act or failure to act would, or would be reasonably expected to, cause a breach of this Agreement.
Wilful Breach means a material breach of the Arrangement Agreement that is a consequence of any act or failure to act by the breaching party with the actual knowledge that the taking of such act or the failure to take such act would, or would be reasonably expected to, cause a material breach of the Arrangement Agreement.APPENDIX B ARRANGEMENT RESOLUTION BE IT RESOLVED THAT:
Wilful Breach of any representation, warranty or covenant of the Company means that a senior officer of the Company (1) had actual knowledge that a representation or warranty of the Company was materially false when made or (2) as to a covenant herein, directed or allowed the Company or its affiliates to take an action, fail to take an action or permit an action to be taken or occur that he or she knew at such time constituted a material breach of a covenant herein by the Company.
Wilful Breach means “bedrog”/”dol” (as interpreted in accordance with relevant jurisprudence);