Comparative Liability. Notwithstanding anything to the contrary, in the event that both parties are held to be negligently or willfully responsible, each party will bear their proportionate share of liability as determined in any such proceeding. In such cases, each party will bear their own costs and attorney's fees.
Comparative Liability. If a Party incurs Losses or is liable for Third-Party Losses due to the joint, concurring, comparative or contributory negligence or Willful Action of Big Stone II Power Plant June 30, 2005 another Party, the liability for such Losses or Third-Party Losses shall, as applicable, be allocated between Operator and Owners in proportion to their respective degrees of joint, concurring, comparative or contributory negligence or Willful Action contributing to such Losses or Third-Party Losses. If Losses or Third-Party Losses occur due to Willful Action of Operator and Willful Action and/or negligence of Owner, then any indemnification obligations therefor shall be determined pursuant to Sections 8.01 and 8.02 hereof.
Comparative Liability. H Power and SMUD, respectively, as indemnitor, will indemnify the other, as indemnitee, save it harmless from any and all loss, damage, expense and liability resulting from injuries to or death of persons, including but not limited to employees of either party hereto, and damage to or destruction of property, including but not limited to the property of either party hereto, arising out of or in any way connected with the performance of this Agreement or any operations hereunder by indemnitor, its agents or employees, excepting only such injury, death, damage or destruction as may be caused by the sole negligence or willful misconduct of the indemnitee, its agents or employees. Indemnitor shall, upon indemnitee's request, defend at its sole cost any suit asserting a claim covered by this indemnity.
