Common use of Net Contribution Clause in Contracts

Net Contribution. The Consultant’s liability for losses under this agreement shall be limited to that proportion of such losses which it would be just and equitable to require the Consultant to pay having regard to the extent of the Consultant’s responsibilities for the same and on the basis that [names of other Consultants] and the building contractor in relation to the Project shall be deemed to have provided contractual undertakings on terms no less onerous than this Appointment to the Beneficiary in respect of the performance of their services in connection with the Works and shall be deemed to have paid to the Beneficiary such proportion which it would be just and equitable for them to pay having regard to the extent of their responsibility provided always that the Consultant shall not plead or reply when in defence of any claim brought by the Beneficiary that the building contractor is responsible for the design carried out by the Consultant.]