Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability.
Appears in 31 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability.Liability.
Appears in 6 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Equipment Lease Agreement
Comparative Negligence. It is the intent of the Parties that where where, as between the Parties, negligence is determined to have been jointjoint or contributory, contributory or concurrent, principles of comparative negligence will be followed and each Party shall bear the proportionate cost of any Liabilityloss, damage, expense or liability attributable to that Party’s negligence.
Appears in 4 contracts
Samples: Turbine Supply Agreement, Warranty Agreement (Madison Gas & Electric Co), Service and Maintenance Agreement (Mge Energy Inc)
Comparative Negligence. It is the intent of the Parties that where Where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability.
Appears in 3 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liabilityliability.
Appears in 2 contracts
Samples: CDG Subscription Agreement, Solar Power Purchase Agreement
Comparative Negligence. It is the intent of the Parties that where where, as between the Parties, negligence is determined to have been joint, joint or contributory or concurrent, each Party shall bear the proportionate cost of any Liabilitysuits, actions, legal or administrative proceedings, claims, demands, costs (including reasonable attorneys’ fees) and expenses of any nature attributable to that Party’s fault.
Appears in 2 contracts
Samples: Procurement and Construction Contract, Procurement and Construction Contract (Clean Coal Technologies Inc.)
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been jointjoint or contributory, contributory or concurrent, principles of comparative negligence will be followed and each Party party shall bear the proportionate cost of any Liabilityloss, damage, expense or liability attributable to that party’s negligence.
Appears in 2 contracts
Samples: Procurement and Construction Agreement (Fortress Transportation & Infrastructure Investors LLC), Fortress Transportation & Infrastructure Investors LLC
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been jointjoint or contributory, contributory or concurrent, principles of comparative negligence shall be followed and each Party shall bear the proportionate cost of any LiabilityLiabilities attributable to that Party’s negligence.
Appears in 1 contract
Samples: Supply Agreement (Athenex, Inc.)
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability, except where a particular provision of this Agreement calls for a gross negligence standard.
Appears in 1 contract
Samples: Solar Power Purchase Agreement
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been jointjoint or contributory, contributory or concurrent, principles of comparative negligence will be followed and each Party shall bear the proportionate cost of any Liabilityloss, damage, expense or liability attributable to that Party's negligence.
Appears in 1 contract
Samples: Master Agreement
