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.
Appears in 2 contracts
Samples: Turnkey Epc Agreement (Sunpower Corp), Procurement and Construction Agreement
Contributory Negligence. Except as provided in Section 16.2.2, above16.2(b), 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.. 16.5
Appears in 2 contracts
Samples: Edison Agreement (Ameresco, Inc.), Edison Agreement (Ameresco, Inc.)
