Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to damages for which the Parties are entitled to indemnification under this Article X, then such damages shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing to such damages.
Contributory Negligence. In the event of a guarantee or liability claim against PTC any contributory fault of Customer must be taken into account accordingly, particularly in the event of inadequate fault notification or inadequate data securing. It constitutes inadequate data securing if the client, among others, does not, by way of appropriate state of the art security measures, take precautions against external influences, e.g. computer viruses and other phenomena which could put individual data or an entire data stock at risk. Schedule B - Definitions
Contributory Negligence. A party’s (“first party”) liability to another party for loss or damage of any kind arising out of this contract or in connection with the relationship established by it is reduced to the extent (if any) that the other causes or contributes to the loss or damage. This reduction applies whether the first party’s liability is in contract, tort (including negligence), under any statute or otherwise. SCHEDULE 1 - DEFINITIONS AND INTERPRETATION 1 Dictionary Unless the contrary intention appears: Australian Standard means the Australian Standard AS ISO 10002-2006 as amended and updated from time to time; bank means an authorised deposit taking institution within the meaning of the Banking Act 1959 (Cwlth).
Contributory Negligence. If any Shire Liability or Impax Liability is caused by the negligence of both Shire and Impax, the apportionment of liability shall be shared between Shire and Impax based upon the comparative degree of each Party’s negligence and each Party shall be responsible for its own defense and its own costs including, but not limited to, the cost of defense attorneys’ fees and witnesses’ fees and expenses incident thereto.
Contributory Negligence. Except as provided in Section 16.2.2, above, if the joint, concurring, comparative or contributory fault, negligence or willful misconduct of the Parties gives rise to Damages for which a Party is entitled to indemnification under this Article, then such Damages shall be allocated between the Parties in proportion to their respective degrees of fault, negligence or willful misconduct contributing to such Damages.
Contributory Negligence. To the extent permitted by Law, in the case of contributory negligence, a party’s liability to the other party under or in connection with this Agreement and any Statement of Work will be reduced proportionately by the extent, if any, to which the acts or omissions of the first party or those of any of its Personnel caused or contributed to the relevant loss or damage suffered or incurred by the second party.
Contributory Negligence. The Host Organisation’s liability to Snow Medical under this agreement is reduced to the extent that any damages, liability, loss or costs arise from or are attributable to, any negligent act or omission of Snow Medical or its officers, employees, agents or contractors.
Contributory Negligence. Notwithstanding Section 5.1, Customer acknowledges that Mimecast may claim contributory negligence (for example, where Customer has breached its obligations under Sections 1.3 herein).
Contributory Negligence. If any Shire Liability or Neos Liability is caused by the negligence of both Shire and Neos, the apportionment of liability shall be shared equally between the Parties and each Party shall be responsible for its own defense and its own costs including, but not limited to, the cost of defense attorneys’ fees and witnesses’ fees and expenses incident thereto.
Contributory Negligence. If the joint, concurring, comparative or contributory fault, negligence or willful misconduct of the parties gives rise to damages for which either party is entitled to indemnification under this MSA, then such damages shall be allocated between the parties in proportion to their respective degrees of fault, negligence or willful misconduct contributing to such damages and such indemnification shall be adjusted accordingly.
