Common use of Joint Negligence Clause in Contracts

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.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement (Wisconsin Energy Corp)

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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 claim against either one or both of themboth, each shall have rights of or contribution against the other Party in proportion to their comparative negligence as determined by the court or arbitrators trying or arbitrating, as the case may be, the matter in dispute. Each Party shall promptly notify the other Party of the assertion of any Claim claim against which such other Party may be required to provide indemnity hereunder and shall give the other Party an opportunity to defend such Claimclaim. These indemnification provisions are for the protection of the Parties hereto only and shall not establish, of themselves, any liability to third parties.

Appears in 1 contract

Samples: Power Purchase Agreement (Wisconsin Public Service Corp)

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