Joint Negligence Sample Clauses

Joint Negligence. In the event injury or damage results from the joint or concurrent negligent or intentional acts or omissions of the Parties, each Party shall be liable under this indemnification in proportion to its relative degree of fault.
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Joint Negligence. In the case of joint or concurring negligence or other fault of the Parties giving rise to a loss or Claim against either one or both of them, each shall have rights of contribution against the other Party in proportion to their comparative negligence as determined by the court trying the matter in dispute. Each Party shall promptly notify the other Party of the assertion of any Claim against which such other Party may be required to provide indemnity hereunder and shall give the other Party an opportunity to defend such Claim. These indemnification provisions are for the protection of the Parties hereto only and shall not establish, of themselves, any liability to third parties.
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Joint Negligence. If any Loss incurred by or rendered against either party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Allendale, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each party’s relative fault, as determined by the independent tribunal. Each party shall give the other notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof.
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Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of ExxonMobil and Symyx, Symyx’ duty of indemnification under Section 13.02 shall be diminished by, and ExxonMobil’s duty of indemnification under Section 13.01 shall be limited to, *.
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Joint Negligence. In the event of joint negligence on the part of JEA and Licensee, any loss shall be apportioned in accordance with the provisions of Section 768.31, Florida Statute, The Uniform Contribution Among Tortfeasors Act, as amended. Nothing herein contained shall be interpreted as waiving or abrogating JEA's right of sovereign immunity pursuant to Section 768.28, Florida Statutes or any successor statute.
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Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of any of the parties, Symyx’s duty of indemnification under this Agreement will be diminished by, and EMRE and EMCC’s duty of indemnification under this Agreement will be limited to, [ * ].
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Joint Negligence. If any Loss incurred by or rendered against ---------------- either Party is due to, or is determined to be due to, both the negligence or willful misconduct of Supplier and its Affiliates as well as the negligence or willful misconduct of Interneuron, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in the proportion of that Party's share of the negligence or willful misconduct of the total. Each Party shall give the other Party notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof.
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Joint Negligence the joint negligence or fault attributable to any acts or omissions of both Carrier and the Sunoco Indemnitees, whether or not such acts or omissions occurred jointly or concurrently.
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Joint Negligence. If any Loss incurred by or rendered against either Party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Celgene, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each Party's relative fault, as determined by the independent tribunal. Each Party shall give the other notice of any Loss to which it believes the preceding sentence applies and the Parties shall cooperate in the defense thereof in accordance with the terms of this Section 6.7. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission.
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Related to Joint Negligence

  • Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).

  • Misconduct Unless a Change of Control shall have occurred after the date hereof:

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • Acts or Omissions Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

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