Common use of Willful Action Clause in Contracts

Willful Action. 5.41.1 Action taken or not taken by a Participant at the direction of its directors, officers, Contracting Officer or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or not taken with conscious indifference to the consequences thereofor with intent that injury or damage would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent.

Appears in 1 contract

Samples: Operating Agreement

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Willful Action. 5.41.1 4.23.1 Action taken or not taken by a Participant at the direction of its directors, officers, Contracting Officer or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or not failed to be taken with conscious indifference to the consequences thereofor thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent.

Appears in 1 contract

Samples: Participation Agreement (Pinnacle West Capital Corp)

Willful Action. 5.41.1 4.1.45.1 Action taken or not taken by a Participant (including the Transmission System Project Manager or the Transmission System Operating Agent) at the direction of its directors, officers, Contracting Officer or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or not failed to be taken with conscious indifference to the consequences thereofor thereof or with intent or knowledge that injury injury, damage or damage delay of the Project would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent.

Appears in 1 contract

Samples: Participation Agreement (El Paso Electric Co /Tx/)

Willful Action. 5.41.1 4.42.1 Action taken or not taken by a Participant at the direction of its directors, officers, Contracting Officer officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or not failed to be taken with conscious indifference to the consequences thereofor thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent.

Appears in 1 contract

Samples: Participation Agreement (El Paso Electric Co /Tx/)

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Willful Action. 5.41.1 4.43.1 Action taken or not taken by a Participant at the direction of its directors, officers, Contracting Officer officers or employees having management or administrative responsibility affecting its performance under any of the Project Agreements, which action is knowingly or intentionally taken or not failed to be taken with conscious indifference to the consequences thereofor thereof or with intent that injury or damage would result or would probably result therefrom. Willful Action does not include any act or failure to act which is merely involuntary, accidental or negligent.

Appears in 1 contract

Samples: Participation Agreement (El Paso Electric Co /Tx/)

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