Knowing and Intentional definition

Knowing and Intentional means that (i) a certain act or omission was voluntarily made with the understanding that the act or omission constitutes a breach of this Agreement, and (ii) such breach was not cured promptly after receipt of notice thereof (taking into account how long it reasonably takes to cure such breach). For the avoidance of doubt, “Knowing and Intentional” does not require the proof of scienter, bad faith or of any intent to cause any particular damage or harm.
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Knowing and Intentional means, with respect to any breach of this Agreement, the taking of a deliberate act, or omission, which act or omission constitutes in and of itself a breach, even if breaching was not the conscious object of the act or omission.
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Examples of Knowing and Intentional in a sentence

  • Department of StateOffice of Information Programs and Services 2201 C Street N.W., Suite B266 Washington, D.C. 20520-0000 Freedom of Information Act Request: Records Regarding the Biden Administration’s Knowing and Intentional Submission of a False PLO Commitments Compliance Act Report to the Congress.

  • Whenever an offender is in violation of the SAM ordinance, the assigned investigator shall not recommend the state criminal code violations of Knowing and Intentional Possession, or Possession of a Small Amount of Marijuana, 35 P.S. §780-113(16) or (31), respectively.

  • Police arrested Appellant, and the Commonwealth charged him with Possessing a Firearm Prohibited, Carrying a Firearm Without a License, Carrying a Loaded Weapon, Carrying a Firearm on a Public Street, Knowing and Intentional Possession of a Controlled Substance, and Possessing a Controlled Substance With Intent to Deliver.

  • The table shows that wages in the textile industry varied widely in 1910.

  • Foy, Jr. appeals from the judgment of sentence entered following his convictions for Possession of a Small Amount of Marijuana (“SAM”), Knowing and Intentional Possession of a Controlled Substance (“K&I”), and Possession of Drug Paraphernalia (“Possession”).1 He maintains that the trial court erred in denying his suppression motion.

  • Subject to Section 9.13, after the Closing, the indemnities provided in this Section 7 shall be, in the absence of fraud or Knowing and Intentional Breach, the sole and exclusive monetary remedies of the Parties for any breach of representation, warranty, covenant or agreement contained in this Agreement.

  • Brinkley and pled guilty to Possession with Intent to Deliver (PWID)1 and Conspiracy2 on one indictment and Knowing and Intentional Possession of a Controlled Substance (K&I)3 on a second indictment.

  • Code § 52-3-825(2), PenaltiesOlder Person9 60+Person with developmental disabilityNebraskaR.R.S. Neb.§ 28-386, Knowing and Intentional Abuse of a Vulnerable AdultVulnerable Adult 18+NevadaNEV.

  • Knowing and Intentional Infringement by Trophy Hunting Products, Inc.

  • However, the final set of exogenous explanatory variables used must be determined by the researcher in each specific case.

Related to Knowing and Intentional

  • Knowing and "knowingly" means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. Knowing or knowingly includes acting in deliberate ignorance of the truth or falsity of facts or acting in reckless disregard of the truth or falsity of facts. Proof of specific intent to defraud is not required.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Confidentiality Undertaking means a confidentiality undertaking in substantially the appropriate form recommended by the LMA from time to time or in any other form agreed between the Borrowers and the Facility Agent.

  • Abuse Investigation and Protective Services means reporting and investigation activities as required by OAR 407-045-0300 and any subsequent services or supports necessary to prevent further abuse as required by OAR 407-045-0310.

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • Serious Medical Condition means all of the following medical conditions:

  • the/this Agreement means the agreement as set out in this document and the Appendices hereto;

  • Fraud means any offence under Laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Corrupt and Fraudulent Practices means either one or any combination of the practices given below;

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Serious assault means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Adult protective services means services provided by the local department that are necessary to

  • Released PAGA Claims means the claims being released as described in Paragraph 6.2 below.

  • Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person's self to the danger during the time necessary for abatement.

  • Debilitating medical condition means one or more of the following:

  • Intentionally means that the person referred to has a purpose to do or fail to do the act or cause the result specified or believes that the act or failure to act, if successful, will cause that result. A person "intentionally" violates a statute:

  • Sexually explicit performance means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

  • Retaliatory action means action which includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith.

  • Complex or chronic medical condition means a physical,

  • Violent felony means any offense that, if committed by an adult, would constitute a felony and:

  • Serious injury or illness means an Injury or Illness incurred in the line of duty that may render the member of the Armed Forces medically unfit to perform his or her military duties.

  • fraudulent practices which means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; and