Common use of Co-Liability Clause in Contracts

Co-Liability. If both the indemnified party and the indemnifying party are negligent or otherwise at fault or strictly liable without fault, then the obligations of indemnification under this Section shall continue, but the indemnifying party shall indemnify the indemnified party only for the percentage of responsibility for the damage or injuries attributable to the indemnifying party. The cumulative liability of Service Provider under this Article (Indemnification) shall not exceed two (2) times the Services fees paid or payable by Client to Service Provider pursuant to the terms of this Agreement during the previous 12 months under an applicable SOW.