Serious Misconduct. the Defaulting Party is guilty of gross negligence in the performance of its duties under this Agreement provided that if any of the events or circumstances specified in subclauses 11.4.1(a) to (h) inclusive above applies or occurs in relation to Xxxxxxxx & Co (or any wholly owned subsidiary of Xxxxxxxx & Co which holds equity share capital in the Manager) or any Approved Person which has entered a contract with the Manager in accordance with subclause 3.4.4 (as if any such company or person were the Defaulting Party), and in each of these circumstances the Manager shall be deemed to be the Defaulting Party).
Appears in 4 contracts
Samples: Management Agreement, Management Agreement, Management Agreement
