Wrongful Acts. If Executive is convicted of or pleads nolo contendere to a felony or commits fraud, misrepresentation, embezzlement or other acts of material or willful misconduct against the Company or its shareholders that would make the continuance of his or her employment by the Company materially detrimental to the Company, as determined by the Board in its reasonable discretion.
Wrongful Acts. If Executive is (X) convicted of a felony or any other serious crime, (Y) commits fraud, or (Z) is guilty of gross negligence in the operation of Company.
Wrongful Acts. If consultant is (X) convicted of a felony or any other serious crime, (Y) commits fraud, or (Z) is guilty of gross negligence in the performance of his duties.
Wrongful Acts. Unless specifically allowed in this Agreement, Publisher shall not [***].
Wrongful Acts. Overture Results may only be provided to Users as set forth in the Agreement. Without limiting the generality of the foregoing, Gator shall not provide Overture Results to any Users, nor direct Users to any Web page containing Overture Results, by means of any computer or browser functionality or by means of any Web page not specified in this Agreement. Gator shall not allow any of the following to occur: (a) misleading links in which a User is persuaded to perform a search or visit a Web page in order to obtain some other benefit, (b) hyper-linked words, unless specifically approved by Overture, (c) searches or Behavioral Queries from or after 404 or other error messages unless otherwise agreed in writing between the parties, (d) searches or Behavioral Queries required of the User in order for the User to do another function, such as leaving a Web page or closing a pop-up window, (e) searches or Behavioral Queries performed upon a User hitting the back button or any other element of the browser, (f) searches or Behavioral Queries from Users who were on adults sites, unless such Users actively typed in the URL or are properly using Gator Services while on such sites, all as approved by Overture, (g) searches or Behavioral Queries originating from Web sites containing a top level domain other than “.com,” “.net,” “.org,” “.gov,” “.tv” or “.biz”, and (h) the syndication or delivery of Search Box or Overture Results to any site or application or third party not approved in advance in writing by Overture, which approval Overture may withhold for any reason, with or without good cause. If Gator violates any provision of this Section and such violation remains uncured for more than two (2) business days after receipt of notice of such violation, then Overture may terminate this Agreement immediately upon notice to Gator.
Wrongful Acts. If Executive is convicted of a felony (other than vehicular- related or a vicarious crime not based directly on Executive’s actions) or commits fraud, material misrepresentation, embezzlement or other acts of willful material misconduct against the Company (including violating any material rules or regulations of government authorities which would reasonably be expected to have a material adverse economic effect on the Company) that would make the continuance of his employment by the Company materially detrimental to the Company. For the avoidance of doubt, no action or inaction shall be treated as willful unless done or not done in bad faith and without a reasonable belief such action or inaction was in the best interests of the Company Group. No action taken at the direction of the Board or based upon the advice of counsel to the Company shall be treated as Cause. Executive shall not be terminated for Cause absent the right to be heard before the Board with Executive’s counsel present if Executive requests.
Wrongful Acts. 3.6.1 Any damage arising from wrongful act committed by a third party, except theft, robbery or deliberate damaging or destruc tion of a thing, shall not be indemnified.
3.6.2 Any damage which is due to the fact that the Insured Person(s) did not follow the safety Any damage caused by the loss of the Insured Object or a part thereof which was discovered in the course of making an inventory shall not be indemnified.
Wrongful Acts. Unless specifically allowed in this Agreement, Publisher shall not authorize, permit, enable or engage in any of the following ***: (a) “blind links” (i.e., where Users do not know that they will be performing a search); (b) misleading links in which a User is persuaded to perform a search in order to obtain some other benefit; (c) pre-population of a Search Box; (d) searches from or after error messages; (e) “exit traffic” (i.e., when the User is required to perform a search prior to exiting a Web page); (f) searches required of the User in order for the User to do another function, such as leaving a Web page or closing a pop-up window; (g) searches performed upon a User hitting the back button or any other element of the browser; (h) searches or displays of Overture Content from or within pop-over or pop-under windows; (i) searches from Users who were on adult sites, unless such Users actively typed in the URL for the Publisher’s Offering at issue or such adult sites are owned by Publisher, all as approved by Overture; (j) searches from banner or other advertisements; (k) searches from or within an email; (l) the use, display, syndication, sublicense or delivery of Overture Links or Overture Content on or to any Web site or application or anywhere else other than Publisher’s Offerings; (m) the modification or alteration in any way of a Precision Match Search Query or a Yahoo Search Query; (n) the display of content (including, but not limited to, pop-up windows or expanding buttons or expanding banners) that obstructs or obscures any portion of the Overture Links or the Overture Content; (o) disabling or modifying any element of a browser; (p) replacing the User’s Web home page without the User’s express prior consent; (q) the automatic installation of any program on a User’s computer without the User’s express prior consent; and (r) the stripping, blocking, or filtering of Overture Content, whether by a software application or by any other means, or any other practice that prevents or inhibits the display of Overture Content, in whole or in part ***. If Publisher violates any provision of this Section 4.2 *** Overture may terminate this Agreement immediately without incurring further liability to Publisher, except for undisputed payments then due under this Agreement. *** [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exc...
Wrongful Acts. If I am convicted of a felony or any other serious crime, commit a serious wrongful act or engage in other misconduct involving acts of moral turpitude that would make the continuance of my employment by Pinnacle materially detrimental to Pinnacle, which determination shall be made in the reasonable exercise of Xxxxxxxx's judgment. I understand that Pinnacle need not give me prior notice of termination.
Wrongful Acts. Notwithstanding anything to the contrary in this Agreement, GM shall not be liable for any adverse consequences arising from a wrongful act by AAM with respect to any Transitioned Employee. Notwithstanding anything to the contrary in this Agreement, AAM shall not be liable for any adverse consequences arising from a wrongful act by GM with respect to any Transitioned Employee.