Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to the Losses for which the Parties are entitled to indemnification under this Article 13, then any Losses shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing for such Losses.
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. 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. 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.
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. The indemnities set forth herein shall expressly include any Sponsor Indemnified Amounts attributable to the ordinary, sole or contributory negligence of any Indemnified Person.
Contributory Negligence. If the damage was caused by any act or omission of the consignor, consignee or the person claiming damage, of if such act or omission contributed to the occurrence of damage (contributory negligence), the carrier will be entirely or partly released from liability.
Contributory Negligence. If any Shire Liability or Xxxx Liability is caused by the negligence of both Shire and Xxxx, [*].
Contributory Negligence. (a) 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 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.