Fraud or Wilful Misconduct definition
Examples of Fraud or Wilful Misconduct in a sentence
If it is determined, by litigation, arbitration or otherwise, that a termination by Owner of a Party for default was unjustified hereunder and that Owner was in breach of this Agreement for so terminating such Party and was not the result of Fraud or Wilful Misconduct, the termination shall be deemed a Termination for Convenience and such Party's remedies shall be limited to those provided for a Termination for Convenience.
In addition, in case of termination of the Agreement following an Event of Default where the Seller is the defaulting party or an Event of Gross Negligence, Fraud or Wilful Misconduct in accordance with Section 12.01 or a Force Majeure in accordance with Section 14.03, the Seller shall reimburse to the Buyer the Advance Payment.