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.
Appears in 6 contracts
Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement
Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to damages the Losses for which the Parties are entitled to indemnification under this Article X13, then such damages any Losses shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing to for such damagesLosses.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Contributory Negligence. If If, due to the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties which gives rise to damages Damages for which the Parties are entitled to indemnification under this Article XArticle, then such damages Damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing to such damagesDamages.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement for Ethanol (Panda Ethanol, Inc.), Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.), Confidential Treatment (Panda Global Holdings Inc)
Contributory Negligence. If the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties gives rise to damages for which the Parties are either party is entitled to indemnification under this Article XAgreement, then such damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing to such damages.
Appears in 2 contracts
Samples: Master Relationship Agreement, End User License Agreement
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 XXII, then such damages shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing to such damages.
Appears in 1 contract
Samples: Commercial Scale Demonstration Agreement (Heliogen, Inc.)
Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to damages the Losses for which the Parties are entitled to indemnification under this Article X13, then such damages any Losses shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing to for such damages.Losses.β
Appears in 1 contract
Samples: Power Purchase Agreement
Contributory Negligence. If the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties gives rise to damages Damages for which the Parties are entitled to indemnification under this Article XArticle, then such damages Damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing to such damagesDamages.
Appears in 1 contract
Samples: Agreement (Pacific Ethanol, Inc.)
