Willful Default Sample Clauses

POPULAR SAMPLE Copied 1 times
Willful Default. Claims for damages caused by the Willful Default of Prime Consultant, General Contractor, Vendor, subcontractors, or subconsultants;
View SourceView Similar (5)
Willful Default. In the case of an Event of Default occurring by reason of any willful action (or inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding payment of the premium that the Company would have had to pay if the Company then had elected to redeem the Notes under the provisions of Article 3 and under the Notes, an equivalent premium shall also become and be immediately due and payable, to the extent permitted by law, upon the acceleration of the Notes. If an Event of Default occurs prior to November 1, 2003 by reason of any willful action (or inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding the prohibition on redemption of the Notes prior to November 1, 2003, then, upon acceleration of the Notes, an additional premium shall also become and be immediately due and payable, to the extent permitted by law, in an amount equal to 10.0%.
View SourceView Similar (5)
Willful Default. If the Borrower is a willful defaulter to IREDA and/ or other Institutions/Banks from whom it has taken loans.
View SourceView Similar (2)
Willful Default. In the case of an Event of Default occurring by reason of any willful action (or inaction) taken (or not taken) by or on behalf of Parent with the intention of avoiding payment of the premium that Parent would have had to pay if Parent then had elected to redeem the Exchange Debentures under the provisions of Article 3 and under the Exchange Debentures, an equivalent premium shall also become and be immediately due and payable, to the extent permitted by law, upon the acceleration of the Exchange Debentures.
View Source
Willful Default. The Escrow Agent shall not be responsible for any act or failure to act on its part, including misdelivery to Buyer of Seller of monies subject to this escrow, except in the case of its own willful default or gross negligence. The Escrow Agent shall be automatically released from all responsibility and liability under this Agreement upon the Escrow Agent’s delivery or deposit of the Escrow Money and accrued interest thereon in accordance with the requirements of this Agreement.
View Source
Willful Default. 63 ARTICLE IX COVENANTS ............................................. 63 9.1 Cooperation .................................................. 63
View Source
Willful Default. The exclusions and limitations of rights and remedies pursuant to this Article VIII shall not apply in cases of willful deceit (arglistige Tauschung) or in cases of willful misconduct (Vorsatz). If any claim is made against a Shareholder, such Shareholder shall not bring a corresponding reimbursement claim against any Company or any director or employee of any Company on the basis that he had relied on any confirmation or information provided by them before agreeing to any terms of this Agreement; provided that the foregoing shall not apply in cases of, willful deceit or willful misconduct by the relevant Company or director or employee of the relevant Company.
View Source
Willful Default. 59 Section 9. Agents.........................................................................................60
View Source
Willful Default. In the case of an Event of Default occurring after the Conversion Date by reason of any willful action (or inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding payment of the premium that the Company would have had to pay if the Company then had elected to prepay the Term Loan under the provisions of Section 2.05(a)(ii)(1), an equivalent premium shall also become and be immediately due and payable, to the extent permitted by law, upon the acceleration of the Term Loan. If an Event of Default occurs prior to September 23, 2003 by reason of any willful action (or inaction) taken (or not taken) by or on behalf of the Company with the intention of avoiding the prohibition on prepayment of the Term Loan prior to September 23, 2003, then, upon acceleration of the Term Loan, an additional premium shall also become and be immediately due and payable, to the extent permitted by law, in an amount equal to 10.0%.
View Source

Related to Willful Default

  • Fraud In this Agreement, Fraud means dishonestly obtaining a benefit, or causing a loss, by deception or other means, and includes alleged, attempted, suspected or detected fraud.

  • Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Negligent or Willful Damage Un- designated timber meeting Utilization Standards and un- necessarily damaged or negligently or willfully cut by Pur- chaser, if included by Contracting Officer.