Wilful Default. In this Agreement the phrase "Wilful Default" means that a Participant has committed one of the following acts or omissions. The Participant committing the act is called the "Defaulting Participant". The acts or omissions are:
Wilful Default. (a) Each of the NOPs indemnify and must keep indemnified the other Participants and the directors, officers, employees and agents of other Participants against losses, damages or claims suffered by the other Participants and the directors, officers, employees and agents of the other Participants as a consequence of or arising from any Wilful Default by the NOP.
(b) The Owner Participant indemnifies and must keep indemnified the NOPs and the directors, officers, employees and agents of the NOPs against losses, damages or claims suffered by the NOPs and the directors, officers, employees and agents of the NOPs as a consequence of or arising from any Wilful Default by the Owner Participant.
(c) PTV indemnifies and must keep indemnified the NOPs and the directors, officers, employees and agents of the NOPs against losses, damages or claims suffered by the NOPs and the directors, officers, employees and agents of the NOPs as a consequence of or arising from any Wilful Default by PTV.
Wilful Default. If a Wilful Default occurs in respect of a Participant (the "Defaulting Participant"), then:
(a) where the Wilful Default is not the occurrence of an Insolvency Event, and the Defaulting Participant fails to rectify the default within 10 Business Days (or such longer period agreed by the Principal's Representative, acting reasonably) after the other Participants have notified it in writing that they require the default to be rectified (such notice to be marked "Notice of Wilful Default"); or
(b) where the Wilful Default is the occurrence of an Insolvency Event, the other Participants may, without prejudice to any other rights or remedies they may have under this Agreement or otherwise:
(c) in the case that the Defaulting Participant is an NOP, do either or both of the following:
(i) wholly or partly suspend any payment due to the Defaulting Participant until the default has been remedied; and/or
(ii) by joint written notice, exclude the Defaulting Participant from further participation in the performance of the Alliance Activities; or
(d) in the case that the Defaulting Participant is TfNSW, do either or both of the following by joint written notice to TfNSW:
(i) wholly or partly suspend the Alliance Activities until the default has been remedied; and/or
(ii) terminate this Agreement.
Wilful Default. Each Party shall have unlimited liability to the other Party for all reasonably foreseeable Losses suffered by the other Party in respect of any claims of liability arising out of its own Wilful Default and that of its employees or agents.
Wilful Default. In the event of Wilful Default by either of the Parties (or their respective employees or agents), the relevant Party shall have unlimited liability to the other Party for all reasonably foreseeable Losses suffered by the relevant Party in respect of any claims of liability arising out of the Wilful Default of the other Party, its employees or agents. Claim for Commission not limited: Nothing in this Framework Agreement shall limit the right of the Authority to claim from the Supplier any Commission properly due to the Authority in accordance with the terms of this Framework Agreement. Any such sum shall not be included within the Supplier’s limitation of liability as set out in Clause 14.2. Term, suspension and termination Term: This Framework Agreement commences on the date of this Framework Agreement (the Effective Date) and remains in force for a period of four (4) Years from the First Supply Start Date (the Expiry Date) unless this Framework Agreement is terminated in accordance with this Clause 15 (the Term).
Wilful Default. The Supplier shall have unlimited liability to the Customer for all reasonably foreseeable Losses suffered by the Customer in respect of any claims of liability arising out of the Wilful Default of the Supplier, its employees, servants or agents.
Wilful Default. The limits of liability set out in clause 23 do not apply to claims brought by a Participant for losses or damages suffered by that Participant arising out of or in connection with a Wilful Default by another Participant.
Wilful Default. (a) The Non-Owner Participants indemnify and must keep indemnified the Owner Participant and the directors, officers, employees and agents of the Owner Participant against losses, damages or claims suffered by the Owner Participant and the directors, officers, employees and agents of the Owner Participant as a consequence of or arising from any Wilful Default by a Non-Owner Participant.
(b) The Owner Participant indemnifies and must keep indemnified the Non-Owner Participants and the directors, officers, employees and agents of the Non-Owner Participants against losses, damages or claims suffered by the Non-Owner Participants and the directors, officers, employees and agents of the Non-Owner Participants as a consequence of or arising from any Wilful Default by the Owner Participant.
Wilful Default. 18.3.1 In this Agreement the phrase "
Wilful Default. Any director or key management personnel of the Issuer is/ are declared as a wilful defaulter by any competent Authority or accused of, charged with, arrested or convicted of a criminal offence involving moral turpitude, any material act of fraud, embezzlement, misstatement, misappropriation or siphoning off of the Issuer’s funds or revenues, dishonesty or which otherwise impinges on the integrity of the director, including any accusations, charges and/ or convictions of any offence relating to bribery or any other act having a similar effect being committed by the management or an officer of the Issuer.