Wilful Misconduct Clause Samples
The Wilful Misconduct clause defines and addresses situations where a party intentionally acts with reckless disregard or deliberate wrongdoing, rather than through mere negligence or accident. In practice, this clause typically excludes liability limitations or indemnity protections for actions that are proven to be wilful misconduct, meaning that if a party intentionally causes harm or loss, they cannot rely on contractual caps or exclusions to avoid responsibility. The core function of this clause is to ensure accountability for deliberate or egregious behavior, thereby deterring intentional wrongdoing and protecting the interests of the non-breaching party.
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Wilful Misconduct. “Willful misconduct” means; “intentional disregard of good and prudent standards of performance or proper conduct under the Agreement with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property”.
Wilful Misconduct. 12.9.1 The Indemnities and exclusions or limitations of liability contained in the Contract shall not apply for the benefit of a member of Contractor Group to the extent any Claim is attributable to the Wilful Misconduct of such member or any of its officers, directors, or personnel.
12.9.2 The Indemnities and exclusions or limitations of liability contained in the Contract shall not apply for the benefit of a member of Company Group to the extent any Claim is attributable to the Wilful Misconduct of such member or any of its officers, directors, or personnel.
Wilful Misconduct. If a Party's breach of its obligations under the Gas Transportation Agreement results solely from the Party's Wilful Misconduct, Article 17.1 shall not apply to limit the liability of the Party or the remedies available to the other Party.
Wilful Misconduct. If any sub-clause of this clause 9 is held to be invalid or unenforceable under any applicable statute or rule of law then it shall be deemed to be omitted, and if as a result any party becomes liable for loss or damage which would otherwise have been excluded then such liability shall be subject to the remaining sub-clauses of this clause 9.
Wilful Misconduct. An act intentionally done, or a deliberate omission by the Assured, with the knowledge that the performance or omission will probably result in injury, loss, or damage, or an act done or omitted in such a way as to allow an inference of a reckless disregard of the probable consequences. Yacht The Yacht named on the Certificate of Insurance as the Yacht insured under this insurance, including her tender(s), toy(s), watersports equipment and other equipment on board. This does not include any shadow vessel in support of the Yacht or the shadow vessel’s tender(s), toy(s) and equipment.
Wilful Misconduct. The Company shall not be liable for any Consequential Loss arising out of or related to the MSA, whether based on contract or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, even if a party was advised of the possibility of such damages.
Wilful Misconduct. The Company shall not be liable for any Consequential Loss arising out of or related to the Agreement, whether based on contract or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, even if a party was advised of the possibility of such damages.
Wilful Misconduct. None of the limitations contained in Clause 8.3.3 shall apply to a Seller in respect of any claim which arises as the consequence of wilful misconduct (dolo) by that Seller, provided that no Seller shall have any limitations on such Seller’s own liability under this Agreement disapplied in respect of the wilful misconduct (dolo) of other Seller.
Wilful Misconduct. 14.5 Notwithstanding anything to the contrary in this clause, neither party shall be liable to the other party to the extent such liability:
a) would not have occurred but for the other party’s failure to comply with the terms of this Agreement; or
b) is caused or contributed to by the negligence of the other party.
14.6 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
14.7 To the fullest extent permitted by Law, the liability of Infoxchange for a breach of a non- excludable guarantee referred to in clause 14.6 is limited, at Infoxchange's option, to:
a) in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; or
b) in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
14.8 Without limiting any other provision of this clause 14, the Supplier will not be liable for any loss or damage that may arise from errors, omissions or statements contained in written text in project documents which the Customer has been asked to review and has agreed to.
14.9 The Customer acknowledges that Hardware and software cannot be guaranteed completely free from defects or errors. The Supplier shall not be liable for the failure in operational functionality of Hardware or software (except to the extent caused or contributed to by the Supplier, or to which the Supplier is liable as the supplier of the relevant Hardware or software under the Australian Consumer Law), including any failure in operational functionality of Hardware or software that is otherwise caused by any Force Majeure Event. However, you may have rights by law that arise under this Agreement, and this Agreement is subject to those rights.
14.10 Except as specifically set out in the Agreement:
a) the Supplier makes no representation and gives no warranty in relation to any incorrect performance or functionality of any Hardware or software which results partly or wholly, from data, records or other information provided by the Customer or a third party.
b) The Supplier will not be liable for any direct, indirect...
Wilful Misconduct. If any portion of the Premises is damaged resulting from the wilful misconduct of Tenant or any of Tenant's Parties, Rent shall not be diminished during the repair of such damage. In addition, if any portion of the Premises is damaged resulting from the wilful misconduct, fault, negligence or breach of this Lease by Tenant or any of Tenant's Parties, Tenant shall not have the right to terminate this Lease pursuant to this Section 13.