Breach of Duty. To indemnify Indemnitee on account of Indemnitee’s conduct which is the subject of any Proceeding brought by the Corporation and approved by a majority of the Board of Directors which alleges willful misappropriation of corporate assets by Indemnitee, disclosure of confidential information in violation of Indemnitee’s fiduciary or contractual obligations to the Corporation, or any other willful and deliberate breach in bad faith of Indemnitee’s duty to the Corporation or its stockholders; or
Breach of Duty. Nothing in this Clause shall have the effect of limiting or restricting any liability of a Transaction Party arising as a result of any gross negligence (grove xxxxxx), fraud, wilful misconduct (opzet) or breach of any agreement by such person.
Breach of Duty. Nothing in this Paragraph shall have the effect of limiting or restricting any liability of a Transaction Party arising as a result of any Breach of Duty.
Breach of Duty. In the event the Provider fails to meet its obligations under this Contract or has otherwise violated the laws, regulations, or rules that govern the MassHealth Program, EOHHS may take any or all action under this Contract, law, or equity. Without limiting the above, if EOHHS determines that the continued participation of the Provider in the MassHealth Program may threaten or endanger the health, safety, or welfare of Members or compromise the integrity of the MassHealth Program, EOHHS, without prior notice, may immediately terminate this Contract, suspend the Provider from participation, withhold any future payments to the Provider, or take any or all other actions under this Contract, law, or equity. The Provider is responsible for any direct, consequential, incidental, or other damages EOHHS and the Commonwealth suffer as a result of the Provider’s breach of its obligations hereunder, or damages arising out of or in connection with the Provider’s performance of the Contract.
Breach of Duty. Nothing in this paragraph 2 shall have the effect of limiting or restricting any liability of a Transaction Party arising as a result of any Breach of Duty.
Breach of Duty. 1. In the event of a breach of duty on the part of the Customer, in particular in the event of the Customer being in default with payment or failing to accept the consignment, Xxxxx und Xxxxxx shall be entitled, after the elapse of a reasonable deadline set for the Customer to comply, to cancel the contract and to take back any goods or services as well as to claim compensation instead of fulfilment. This shall not affect the statutory regulations relating to the lack of necessity to set a deadline and to make other claims due to us under the law.
2. Only in cases where Xxxxx und Xxxxxx are responsible for the breach of duty may the Customer withdraw from the contract in accordance with the statutory regulations; in the event of defects, however, the statutory regulations shall apply. In the event of a breach of duty, the Customer must declare within a reasonable period of time after being requested to do so by us whether they intends to cancel the contract as a result of the breach of duty or will insist on the delivery of the goods.
3. The Customer’s right for compensation by mutual agreement remains unaffected.
Breach of Duty. A. After the signing of this Agreement, either party does not fulfill or does not completely fulfill the terms of this agreement shall constitute a breach of contract. The breach contract party shall be liable to pay the loss to the other party that follow this rule.
B. Any party breach this agreement, the right party following the rules have the right to request the breach party to accomplish this agreement.
Breach of Duty a) In the event of a breach of duty by the Customer, in particular in the event of its being in default with payment or failing to accept the consignment, we shall be entitled, after the elapse of a reasonable deadline set for the Customer to comply, to cancel the contract and to take back the goods or services as well as to claim compensation instead of supplying the goods or services. The statutory regulations relating to the lack of necessity to set a deadline and to make other claims which are due to us under the law shall not be affected by this.
b) The Customer may only cancel the contract in accordance with the statutory regulations if we are responsible for the breach of duty; in the event of defects, however, the statutory regulations shall apply. In the event of a breach of duty, the Customer must declare in writing within a reasonable period of time after being requested to do so by us whether it intends to cancel the contract as a result of the breach of duty or will insist on the delivery of the goods.
c) The right of the Customer to demand compensation for a mutual contract shall be excluded by such cancellation.
Breach of Duty. 7.1 Due to Party A cannot provide information timely which led to Party B cannot complete the work on time ,Party B has no responsibility, and shall have the right to request for extension of Party A, an extension of time for consultation by both parties.
7.2 Party B as a result of the reasons for failure to timely completion of the contents of the agreement, Party B shall have the right to claim
Breach of Duty. (1) Data Provider reserves the right to make violations in keeping with article 1 public and thereby to name Data Recipient and persons with rights of use.
