Joint Negligence. In the event injury or damage results from the joint or concurrent negligent or intentional acts or omissions of the Parties, each Party shall be liable under this indemnification in proportion to its relative degree of fault.
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.
Joint Negligence. If any Loss incurred by or rendered against either party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Allendale, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each party’s relative fault, as determined by the independent tribunal. Each party shall give the other notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof.
Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of ExxonMobil and Symyx, Symyx' duty of indemnification under Section 13.02 shall be diminished by, and ExxonMobil's duty of indemnification under Section 13.01 shall be limited to, *.
Joint Negligence. If any Loss incurred by or rendered against ---------------- either Party is due to, or is determined to be due to, both the negligence or willful misconduct of Supplier and its Affiliates as well as the negligence or willful misconduct of Interneuron, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in the proportion of that Party's share of the negligence or willful misconduct of the total. Each Party shall give the other Party notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof.
Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of any of the parties, Symyx’s duty of indemnification under this Agreement will be diminished by, and EMRE and EMCC’s duty of indemnification under this Agreement will be limited to, [ * ].
Joint Negligence the joint negligence or fault attributable to any acts or omissions of both Carrier and the Sunoco Indemnitees, whether or not such acts or omissions occurred jointly or concurrently.
Joint Negligence. If any Loss incurred by or rendered against either Party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Celgene, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each Party's relative fault, as determined by the independent tribunal. Each Party shall give the other notice of any Loss to which it believes the preceding sentence applies and the Parties shall cooperate in the defense thereof in accordance with the terms of this Section 6.7. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission.
Joint Negligence. In the event of joint negligence on the part of JEA and Licensee, any loss shall be apportioned in accordance with the provisions of Section 768.31, Florida Statute, The Uniform Contribution Among Tortfeasors Act, as amended. Nothing herein contained shall be interpreted as waiving or abrogating JEA's right of sovereign immunity pursuant to Section 768.28, Florida Statutes or any successor statute.
Joint Negligence. If any Loss incurred by or rendered against either party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and JDS, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each party’s relative fault, as determined by the independent tribunal. Each party shall give the other notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof. 6.9 Notice and Opportunity to Defend. No party against whom a claim of indemnity shall be made pursuant to Section 6.6 or 6.7 hereof (the “Indemnifying Party”) shall be liable thereunder unless the party making such claim (the “Claiming Party”) shall notify the Indemnifying Party of such claim promptly upon becoming aware of the existence or threatened existence of any Loss giving rise to, or which may give rise to, a 18
