Exclusions from Immunity Sample Clauses

Exclusions from Immunity a) Events involving the following actions are excluded from immunity under this Agreement: 1. Substance or alcohol abuse, including consumption of a substance contrary to law and willful consumption of a substance where the Flight Crew Member knew or ought reasonably to have known that his/her professional abilities would be impaired as a result. Where consumption is the result of a disability protected under the Canadian Human Rights Act, the Flight Crew Member shall have the full protection of the Act; 2. Actions of a criminal nature; 3. Deliberate non-compliance with air regulations or any other applicable regulatory requirements; 4. Failure to notify the Flight Operations Department of a Safety Event or to provide a written report in accordance with 27.02. b) If an investigation reveals that a Flight Crew Member has deliberately left out essential information or supplied erroneous data in his/her reports in order that the Safety Event in which he is involved qualifies for immunity, the Event Review Committee may expel the Flight Crew Member from the protocols of this Agreement.
Sample 1
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Exclusions from Immunity i. Events involving the following actions are excluded from immunity under this Agreement: 1. Substance or alcohol abuse, including consumption of a substance contrary to law and willful consumption of a substance where the Flight Crew Member knew or ought reasonably to have known that his (her) professional abilities would be impaired as a result. Where consumption is the result of a disability protected under the Canadian Human Rights Act, the Flight Crew Member shall have the full protection of the Act; 2. Actions of a criminal nature; 3. Deliberate non-compliance with air regulations or any other applicable regulatory requirements; 4. Failure to notify the Flight Operations Department of a Safety Event or to provide a written report in accordance with Paragraph 2.0 of this MOA. ii. If an investigation reveals that a Flight Crew Member has deliberately left out essential information or supplied erroneous data in his (her) reports in order that the Safety Event in which he is involved qualifies for immunity, the Event Review Committee may expel the Flight Crew Member from the protocols of this Agreement.
Sample 1

Related to Exclusions from Immunity

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  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to: (a) indemnify or advance funds to Indemnitee for Expenses or Losses with respect to proceedings initiated by Xxxxxxxxxx, including any proceedings against the Company or its directors, officers, employees or other indemnitees and not by way of defense, except: (i) proceedings referenced in Section 4 above (unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such proceeding was not made in good faith or was frivolous); or (ii) where the Company has joined in or the Board has consented to the initiation of such proceedings; (b) indemnify Indemnitee if a final decision by a court of competent jurisdiction determines that such indemnification is prohibited by applicable law; (c) indemnify Indemnitee for the disgorgement of profits arising from the purchase or sale by Indemnitee of securities of the Company in violation of Section 16(b) of the Exchange Act, or any similar successor statute; or (d) indemnify or advance funds to Indemnitee for Indemnitee’s reimbursement to the Company of any bonus or other incentive-based or equity-based compensation previously received by Indemnitee or payment of any profits realized by Indemnitee from the sale of securities of the Company, as required in each case under the Exchange Act (including any such reimbursements under Section 304 of the Xxxxxxxx-Xxxxx Act of 2002 in connection with an accounting restatement of the Company or the payment to the Company of profits arising from the purchase or sale by Indemnitee of securities in violation of Section 306 of the Xxxxxxxx-Xxxxx Act).

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