Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability.
Comparative Negligence. Tenant and Landlord hereby unconditionally and irrevocably agree to indemnify, defend and hold each other and their officers, agents, directors, subsidiaries, partners, employees, licensees and counsel harmless, to the extent of each party's comparative negligence, if any, from and against any and all loss, liability; demand, damage, judgment, suit, claim, deficiency, interest, fee, charge, cost or expense (including, without limitation, interest, court costs and penalties, reasonable attorneys fees and disbursements and amounts paid in settlement, or liabilities resulting from any change in federal, state or local law or regulation or interpretation of this Lease) of whatever nature, on a comparative negligence basis, even when caused in part by Landlord's or Tenant's negligence or the joint or concurring negligence of Landlord, Tenant, and any other person or entity, which may result or to which Landlord or Tenant and/or any of their officers, agents, directors, employees, subsidiaries, partners, licensees and counsel may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of the leasing, operation, promotion, management; maintenance, repair, use or occupation of the Demised Premises, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the Leasing, operation, promotion, management, maintenance, repair, use or occupancy of the Demised Premises, or any other activity on the Demised Premises. This provision shall survive the expiration or termination of this Lease.
Comparative Negligence. If your failure to exercise ordinary care substantially contributes to the forgery or alteration of an item which is paid against this Account, contributes to a loss due to a mistake in a deposit or charge against the Account, you will be precluded from asserting such forgery or alteration and/or mistake against Bank. If Bank asserts such a preclusion, and you establish that Bank’s failure to exercise ordinary care substantially contributed to the loss resulting from the payment of the forged or altered item(s), and/or other mistake, the loss shall be allocated between Depositor and Bank on a comparative basis. Specifically, your acts and omissions which substantially contribute to the presentment and payment of any forged or altered item(s) and/or in the failure to notify Bank of the mistake will be compared to the acts or omissions of Bank to determine who should bear the loss or whether the loss should be allocated between you and Bank. Notwithstanding this comparative negligence standard, Bank will not be liable if items are forged or altered such that the forgery or alteration could not have been detected by a bank exercising ordinary care. Notwithstanding anything contained herein to the contrary, Bank will never be liable for, or responsible in any way for, any percentage of any alleged loss or damages purportedly resulting from an alteration, forgery, counterfeit items, unauthorized signature, and/or endorsement, or any other irregularity on any item, and/or in the Account, unauthorized Remotely Created Item, and/or electronic debit, which is greater than the percentage of any alleged loss or damages proximately caused by Bank’s failure to exercise ordinary care, if any, regardless of the percentage of proximate causation, or even the complete absence thereof, of Depositor or any Authorized Signatory.
Comparative Negligence. It is the intent of the Parties that where negligence is determined to have been joint, contributory or concurrent, each Party shall bear the proportionate cost of any Liability. The Parties also agree and recognize that nothing in this Section 17.14 shall be construed to conflict with or supersede Customer’s duties, obligations or protections under the Maine Tort Claims Act.
Comparative Negligence. Subject to the provisions of Section 10.3 but notwithstanding any indemnity provision or other provisions contained in this Lease to the contrary, if both Landlord’s and Tenant’s negligence (which shall include the agents, partners, contractors, invitees and employees of either, as applicable) caused or contributed to any claim for damages for injury to person or property then neither party shall indemnify the other for such negligence and each party shall be responsible for such claims pursuant to the provisions of C.R.S. § 00-00-000 pertaining to comparative negligence, as amended from time to time.
Comparative Negligence. Any liability, including costs of defense and attorney fees, for claims arising from the concurrent negligence of the Parties will be apportioned according to the respective percentage of fault attributable to each as determined by agreement or by the trier of fact.
Comparative Negligence. Any liability, including costs of defense and attorney fees, for claims arising from the concurrent negligence of two or more Participants and/or Users will be apportioned according to the respective percentage of fault attributable to each Participant and/or User as determined by agreement or by the trier of fact. Page 45 of 53 – Amended and Restated Alaska Intertie Agreement
Comparative Negligence. To the fullest extent permitted by law, Ulteig’s total liability to Client and anyone claiming by, through, or under Client for any cost, loss, or damages caused in part by Ulteig’s negligence and in part by the negligence of Client or any other negligent entity or individual, shall not exceed the percentage share that Ulteig’s negligence bears to the total negligence of Client, Ulteig, and all other negligent entities and individuals.
Comparative Negligence. In any case in which Claims of Third Parties arise out of or are caused by both Keystone’s negligence and Isotis’ negligence, a comparative negligence standard shall apply with respect to the Parties’ enumerated obligations under this Section 11.9.
Comparative Negligence. With respect to Third Party Claims alleging negligence by an Indemnified Person (other than Third Party Claims of negligence that are a Shared Liability, in which case Section 16.2.1 will apply), an Indemnifying Owner will not be responsible for that portion of any award as to which it is determined (whether in the Proceeding brought by the Third Party or in any subsequent Proceeding commenced by an Owner to determine the allocation of liability) that the Indemnified Person was negligent to the extent of the specific percentage of negligence allocated to such Indemnified Persons; provided, however, the foregoing will not relieve the Indemnifying Owner of its obligation to defend the Indemnified Persons in any such Third Party Claim in accordance with Section 16.1.1, subject to a right of reimbursement from the Indemnified Person for a proportionate share of defense costs including attorneys’ fees.
