Common use of Willful Action Clause in Contracts

Willful Action. 4.43.1 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or failed to be taken with conscious indifference to the consequences thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent. 4.43.2 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management responsibility affecting its performance under any of the Project Agreements, which action has been determined by final arbitration award or final judgment or judicial decree to be a material default under any of the Project Agreements and which occurs or continues beyond the time specified in such arbitration award or judgment or judicial decree for curing such default or, if no time to cure is specified therein, occurs or continues thereafter beyond a reasonable time to cure such default. 4.43.3 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or failed to be taken with the knowledge that such action taken or failed to be taken is a material default under any of the Project Agreements. 4.43.4 The phrase “employees having management responsibility” as used in this Section 4.43 means employees of a Participant who are responsible for one or more of the executive functions of planning, organizing, coordinating, directing, controlling and supervising such Participant’s peformance under any of the Project Agreements.

Willful Action. 4.43.1 19.1. Action taken or not taken by a Participant party at the direction of its directors, commissioners, officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreementsthis Agreement, which action is knowingly or intentionally taken or failed to be taken with conscious indifference to the consequences thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent. 4.43.2 19.2. Action taken or not taken by a Participant Party at the direction of its directors, commissioners, officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreementsthis Agreement, which action has been determined detennined by final arbitration award or final judgment or judicial decree to be a material default under any of the Project Agreements this Agreement and which occurs or continues beyond the time specified in such arbitration award or judgment or judicial decree for curing such default or, if no time to cure is specified therein, occurs or continues thereafter beyond a reasonable time to cure such default. 4.43.3 19.3. Action taken or not taken by a Participant Party at the direction of its directors, commissioners, officers or employees having management or administrative responsibility affecting its performance perfonnance under any of the Project Agreementsthis Agreement, which action is knowingly or intentionally taken or failed to be taken with the knowledge that such action taken or failed to be taken is a material default under any of the Project Agreementsthis Agreement. 4.43.4 19.4. The phrase “"employees having management or administrative responsibility” ", as used in this Section 4.43 Section, means the employees of a Participant Party who are responsible for one or more of the executive functions of planningofplanning, organizing, coordinating, directing, controlling and supervising such Participant’s peformance Party's performance under any this Agreement with responsibility for results. For the purposes of this Agreement, this includes the Project AgreementsSystem Operator.

Willful Action. 4.43.1 3.56.1 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or failed to be taken with conscious indifference to the consequences thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent. 4.43.2 3.56.2 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action has been determined by final arbitration award or final judgment or judicial decree to be a material default under any of the Project Agreements and which occurs or continues beyond the time specified in such arbitration award or judgment or judicial decree for curing such default or, if no time to cure is specified therein, occurs or continues thereafter beyond a reasonable time to cure such default. 4.43.3 3.56.3 Action taken or not taken by a Participant at the direction of its directors, officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or failed to be taken with the knowledge that such action taken or failed to be taken is a material default under any of the Project Agreements. 4.43.4 3.56.4 The phrase “"employees having management or administrative responsibility” " as used in this Section 4.43 3.56 means employees of a Participant who are responsible for one or more of the executive functions of planning, organizing, coordinating, directing, controlling and supervising such Participant’s peformance 's performance under any of the Project Agreements.