Apportionment of Liability. (a) For the avoidance of doubt, where either or both of the User* or the Indemnifier* is liable to, or is to indemnify, the other Party* under this Contract*, the liability or indemnity owed by either or both of the User* or the Indemnifier* is limited to the proportion of the damage suffered by Western Power* as a consequence of the Default*, negligence or fraud of the either or both of the User* or the Indemnifier* giving rise to the liability or indemnity.
Apportionment of Liability. (a) To the extent permitted by Law, the operation of Part 1F of the Civil Liability Act 2002 (WA) is excluded in relation to all and any rights, obligations and Liabilities under this Agreement whether such rights, obligations or Liabilities are sought to be enforced as a Claim in contract, tort (including negligence), equity, under statute or otherwise at Law.
Apportionment of Liability. Except as otherwise provided in this Agreement:
Apportionment of Liability. If you claim compensation, damages or contribution from us for loss or damage arising from acts or defaults (including negligence) on our part and some or all of that loss or damage was due to or contributed to by: your own acts or defaults or by the acts or defaults of other persons for whose actions or defaults you are responsible; or the acts or defaults of one or more other persons, not being partners, employees or agents for whose conduct we are responsible, then we will be liable only for that proportion of the loss or damage which our acts or defaults bear relative to the totality of the conduct of all persons causing or contributing to the loss or damage. Where any law relating to proportionate liability applies to a claim against us, this clause does not seek to exclude the operation of that law but will continue to operate to the extent that its operation is consistent with that law.
Apportionment of Liability. Popular shall be responsible for, and shall reimburse EVERTEC for, any direct and indirect damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and out of pocket disbursements) (“Losses”) paid by EVERTEC to Iron Mountain pursuant to a claim brought by Iron Mountain against EVERTEC under Section 7 of the MBESA (an “Iron Mountain Claim”), solely to the extent that such Iron Mountain Claim arises from any (A) Deposit Materials that were part of the Initial Deposit and the intellectual property rights of which were owned by EVERTEC or its subsidiaries as of the Closing; or (B) copies of such Deposit Materials. For the avoidance of doubt, EVERTEC shall be responsible and liable for all Losses arising from an Iron Mountain Claim to the extent such Iron Mountain Claim arises from any (i) Deposit Materials that were part of the Initial Deposit but for which EVERTEC or any of its subsidiaries did not own the intellectual property rights until after the Closing; or (ii) Deposit Materials that were neither part of the Initial Deposit nor copies of Deposit Materials that were part of the Initial Deposit.
Apportionment of Liability. A Participant’s Liability to indemnify the Operator (whether under Section 7.1 or otherwise) will be reduced proportionally to the extent that any negligent act or omission of the Operator or its officers, employees or agents has caused or contributed to any Loss, Claim, proceeding, injury or death.
Apportionment of Liability. Each Party has an obligation to fulfill its responsibilities and duties under this Agreement. If for any reason (other than the other Party’s gross negligence, willful misconduct or bad faith) a Party suffers a loss, claim, damage or liability due to the other Party’s breach of this Agreement or under the Indemnification provision (“Damaged Party”), then the amount of direct damages suffered by the Damaged Party as a result of such loss, claim, damage or liability (as determined by a court of proper jurisdiction or a neutral third party agreed to by the Parties), shall be offset by an amount that is proportionate to reflect the other Party’s relative economic interests and relative fault with respect to such loss, claim, damage or liability on the one hand, and the Damaged Party’s on the other hand, in the matters contemplated by this Agreement and any other relevant equitable considerations.
Apportionment of Liability. The ASP’s liability in clause 11.2 shall be reduced proportionally to the extent that any act or omission of TCA and its employees and agents or the Authorities and their respective employees and agents, has contributed to the loss, damage, cost or expense. Limitation of ASP's Liability Subject to clause 11.4b., the ASP's liability to indemnify TCA under clause 11.2 is limited to $20,000,000. Clause 11.4a. does not in any way limit the ASP's liability to indemnify TCA under clause 11.2 for: any breach of, and/or non-compliance with, this Agreement by the ASP, where such breach or non-compliance gives TCA the right to terminate the Agreement in accordance with clauses 14.1a., 14.2a. or 14.2c.; death or personal injury arising in connection with the provision of Intelligent Access Program Services by the ASP; or without limiting clause 11.4b.(i.), wilful default or dishonest conduct by the ASP (including the provision of false or misleading information).
Apportionment of Liability. The Operator Supplier’s liability under clause 10.2 shall be reduced proportionally to the extent that any act or omission of TCA or its employees or agents, has contributed to the loss, damage, cost or expense. Change of Control The Operator Supplier agrees to: provide TCA with twenty (20) Business Days' notice of the potential of any Change of Control Event; and upon receipt of such notice, TCA will consider the potential Change of Control Event and may request the provision of additional information relating to the potential new controller of the Operator Supplier. If TCA considers, acting reasonably, that the Change of Control Event will materially adversely affect the Operator Supplier's ability to comply with the terms of this Agreement, then TCA may conduct a new Type-Approval of the OBM System in accordance with clause 3.3 or terminate this Agreement in accordance with clause 14, by issuing a written notice to that effect. Insurance Requirements Prior to the Commencement Date, the Supplier must have in place the insurance policies referred to in Schedule B. Operator Supplier Non-Compliance and Rectification The Operator Supplier must rectify any issue in relation to this Agreement or breach or non-compliance by it with the terms of this Agreement within a reasonable period of time (not less than five (5) Business Days) specified by TCA in a written notice. The Operator Supplier must also provide TCA with a written report on the issue, breach or non-compliance with this Agreement and the steps taken to rectify it, within the time period specified in the notice issued by TCA in accordance with clause 12a.. If TCA is not satisfied with the Operator Supplier’s handling of an issue, breach or non-compliance with this Agreement under this clause, TCA may (acting reasonably) conduct its own investigation of the issue, breach or non-compliance and the Operator Supplier will: cooperate with TCA’s investigation; implement any recommendations of TCA based on TCA’s investigation; pay to TCA the reasonable costs of TCA’s investigation.
Apportionment of Liability. 8. Whenever the total of the apportionment of liability between the motorists, when considered separately, is more than 100%, the degree of liability determined in the attached Driver’s Fault Chart shall be reduced accordingly.
