Leakage Breach definition

Leakage Breach has the meaning as defined in Section 5.3.2.
Sample 1Sample 2
Leakage Breach has the meaning given to it in Clause 13.3
Sample 1Sample 2
Leakage Breach has the meaning set out in clause 5.2;
Sample 1Sample 2

Examples of Leakage Breach in a sentence

  • No liability shall attach to the Sellers under or in connection with this Agreement (except for a Leakage Breach) if and to the extent (i) the individual Claim is less than or equal to $5,000 (the “De Minimis Amount”) or (ii) the aggregate amount of Claims exceeding the De Minimis Amount is less than or equal to $20,000 (the “Deductible”).

  • With the exception of (i) any Leakage Breach, (ii) any wilful or intentional (Vorsatz) breaches of the Sellers’ obligations under this Agreement or (iii) any Claims based on fraud, the aggregate liability of the Sellers under or in connection with this Agreement shall not exceed an amount equal to the Purchase Price; the Sellers’ liability under or in connection with this Agreement shall be unlimited if a Claim arises from the foregoing clauses (i), (ii) or (iii).

  • No liability shall attach to the Seller under or in connection with this Agreement (except for a Leakage Breach) if and to the extent (i) the individual Claim is less than or equal to $10,000 (the “De Minimis Amount”) or (ii) the aggregate amount of Claims exceeding the De Minimis Amount is less than or equal to $100,000 (the “Deductible”).

  • The external costs and expenses incurred by the Seller in connection with defending the Third Party Claim shall be borne by the Seller to the extent that the Third Party Claim relates to a Seller’s Breach or a Leakage Breach by the Seller.

  • The costs and expenses incurred by the Sellers in connection with defending the Third Party Claim shall be borne by the Sellers to the extent that the Third Party Claim relates to a Sellers’ Breach or a Leakage Breach by the Sellers.

  • In the event that the requested determination is procedurally not possible or the arbitration tribunal cannot or does not make the determination, the Sellers shall reimburse the Purchasers in the proportion of 65% by HPW and 35% by KKR as to the Leakage Breach.

  • In addition, if and to the extent procedurally possible, the Purchasers shall request the arbitration tribunal to determine whether one of the Sellers was solely responsible for the Leakage Breach and, if not, to what extent each of EXECUTION COPY Project Kronos 5 July 2014 30 | 76 the Sellers was so responsible, in all cases adding up to 100% and the full amount of the Leakage Breach.

  • The external fees, costs and expenses incurred by the Buyer or the Company in connection with defending the Third Party Claim shall be borne by the Seller to the extent that the Third Party Claim relates to a Seller’s Breach or a Leakage Breach by the Seller.

  • The Sellers undertake to reimburse the amount of the Leakage Breach to the Purchasers in the proportions determined by the arbitration tribunal, it being understood and agreed that each Seller shall be liable towards the Purchasers only for the portion of the Leakage Breach for which such Seller has been found responsible (which can be up to 100% of such Leakage Breach).

Related to Leakage Breach

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Major Breach means a breach of:

  • Non-Breaching Party has the meaning set forth in Section 9.2.1.

  • Data Breach means the unauthorized access by an unauthorized person that results in the use, disclosure or theft of Customer Data.

  • Data Breaches Party shall report to AHS, though its Chief Information Officer (CIO), any impermissible use or disclosure that compromises the security, confidentiality or privacy of any form of protected personal information identified above within 24 hours of the discovery of the breach. Party shall in addition comply with any other data breach notification requirements required under federal or state law.

  • Privacy Breach means a common law breach of confidence, infringement, or violation of any rights to privacy, including but not limited to breach of the Insured’s privacy statement, breach of a person’s right of publicity, false light, intrusion upon a person’s seclusion, public disclosure of a person’s privacy information, or misappropriation of a person’s picture or name for commercial gain.

  • Credit Breach means the status of a Participant that does not currently meet the requirements of Tariff, Attachment Q or other provisions of the Agreements.

  • Breach means the acquisition, access, use, or disclosure of PHI in a manner not permitted 9 under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

  • Minor Breach means a delay or non-performance by either Party of its obligations under the Agreement which does not materially, adversely or substantially affect the performance or delivery of the Service or the provision of a safe, healthy and supportive learning environment;

  • Persistent Breach means a Default which has occurred on three or more separate occasions with a continuous period of six (6) months.

  • 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.

  • Willful Breach means a material breach that is a consequence of an act undertaken or a failure to act by the breaching party with the knowledge that the taking of such act or such failure to act would, or would reasonably be expected to, constitute or result in a breach of this Agreement.

  • Security Breach means the unauthorized acquisition of or access to Customer Data by an unauthorized person that compromises the security, confidentiality, or integrity of Customer Data, including instances in which internal personnel access systems in excess of their user rights or use systems inappropriately. “Security Breach” shall also be deemed to include any breach of security, confidentiality, or privacy as defined by any applicable law, rule, regulation, or order.

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Breaching Party has the meaning set forth in Section 12.2.

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Serious violation means OCC has made a valid finding when assessing a serious complaint that alleges:

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Non-Monetary Default shall have the meaning assigned to such term in Section 11(d).

  • Monetary Default shall have the meaning assigned to such term in Section 11(a).

  • Potential Failure to Pay means the failure by a Reference Entity to make, when and where due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations, without regard to any grace period or any conditions precedent to the commencement of any grace period applicable to such Obligations, in accordance with the terms of such Obligations at the time of such failure.

  • Behavioral violation means a student’s behavior that violates the district’s discipline policies.

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Serious emotional disturbance means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance:

  • Repeat violation means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued