Jointly Caused Clause Samples

Jointly Caused. This section is intended to apply only to the situation where the environmental pollution is caused jointly by the acts or omissions of CUSTOMER and SFPP. In the event that a spill or discharge results from the joint negligence of SFPP and CUSTOMER the costs of containment and/or clean-up and/or any resulting liability shall be borne jointly by SFPP and CUSTOMER in proportion to each party's its employees, contractors, agents, authorized representatives or business agent’s negligence. In the event of a jointly caused spill, containment and clean-up shall be performed by SFPP. CUSTOMER agrees that it will allow only its employees, contractors, agents or authorized representatives on the Terminal property, and/but to the extent that CUSTOMER does allow contractors, agents, authorized representatives or business invitees on the Terminal property CUSTOMER shall be fully liable as provided in this section 12.3 as if said agents, authorized representatives or business invitees were employees of CUSTOMER. The customers of CUSTOMER or carriers of customers of CUSTOMER shall not be considered agents, authorized representatives or business invitees of CUSTOMER. In the event that (1) the parties cannot agree as to the allocation of their respective negligence, and (2) the total amount in controversy is equal to or less than $100,000, either party may, within the time period of the applicable statute of limitations, request mediation of the issues. In the event of a jointly caused spill, containment and clean-up shall be performed by SFPP.