Right to Contribution. If the indemnification provided for in this Section 6 is unavailable to, or insufficient to hold harmless, an indemnified party under Section 6(a) or Section 6(b) above in respect of any Losses referred to in such Sections, then each applicable indemnifying party shall have an obligation to contribute to the amount paid or payable by such indemnified party as a result of such Losses in such proportion as is appropriate to reflect the relative fault of the Company, on the one hand, and of the Holder, on the other, in connection with the Misstatement/Omission or violation which resulted in such Losses, taking into account any other relevant equitable considerations. The amount paid or payable by a party as a result of the Losses referred to above shall be deemed to include, subject to the limitations set forth in Section 6(c) above, any legal or other fees or expenses reasonably incurred by such party in connection with any investigation, lawsuit or legal or administrative action or proceeding. The relative fault of the Company, on the one hand, and of the Holder, on the other, shall be determined by reference to, among other things, whether the relevant Misstatement/Omission or violation relates to information supplied by the Company or by the Holder and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such Misstatement/Omission or violation. The Company and each Holder agree that it would not be just and equitable if contribution pursuant to this Section 6(e) were determined by pro rata allocation or by any other method of allocation which does not take account of the equitable considerations referred to above. Notwithstanding the provisions of this Section 6(e), a Holder shall not be required to contribute any amount in excess of the amount by which (i) the amount (net of payment of all expenses) at which the securities that were sold by such Holder and distributed to the public were offered to the public exceeds (ii) the amount of any damages which such Holder has otherwise been required to pay by reason of such Misstatement/Omission or violation. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Right to Contribution. (a) If any right of indemnification contained in Section 6.02 or Section 6.03 is held unenforceable or is unavailable for any reason, or is insufficient to hold harmless any Indemnitee in respect of any Liability for which such Indemnitee is entitled to indemnification hereunder, then the Indemnifying Party shall contribute to the amounts paid or payable by any Indemnitees as a result of such Liability (or actions in respect thereof) in such proportion as is appropriate to reflect the relative fault of the Indemnifying Party and the members of its Group, on the one hand, and such Indemnitee and any other Indemnitees entitled to contribution in respect of such Liability, on the other hand, as well as any other relevant equitable considerations.
Right to Contribution. The right of any Owners to contribute for the cost and expenses in the repair, maintenance and/or restoration of any Party Wall or Party Roof, Party Structure, or other structure, shall be appurtenant to the land and shall pass to such owner's successors in title.
Right to Contribution. Except as otherwise expressly provided herein, the Loan Parties are jointly and severally liable for the Obligations. However, the benefits of this Agreement and the Loan will not necessarily benefit each Loan Party to the same degree. In order to provide for just and equitable contribution among the Loan Parties, if any payment is made by a Loan Party (the "Funding Loan Party") in discharging more than its Proportionate Share (hereinafter defined) of the Obligations, the Funding Loan Party shall be entitled to a contribution from each other Loan Party (each a "Contributing Loan Party") for all payments, damages and expenses incurred by the Funding Loan Party in discharging the Obligations, as set forth in this Section 8.13.
Right to Contribution. If the indemnification provided for hereunder is held by a court of competent jurisdiction to be prohibited by law to an indemnified party with respect to any loss, claim, damage, liability or action referred to herein, then the indemnifying party, in lieu of indemnifying such indemnified party hereunder, shall contribute to the amounts paid or payable by such indemnified party as a result of such loss, claim, damage, liability or action in such proportion as is appropriate to reflect the relative fault of the indemnifying party on the one hand and of the indemnified party on the other in connection with the statements or omissions which resulted in such loss, claim, damage, liability or action as well as any other relevant equitable considerations. The relative fault of the indemnifying party and of the indemnified party shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the indemnifying party or by the indemnified party and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission. The parties agree that it would not be just and equitable if contribution pursuant hereto were determined by pro rata allocation or by any other method or allocation which does not take account of the equitable considerations referred to herein. No person guilty or liable of fraudulent misrepresentation shall be entitled to contribution from any person.
Right to Contribution. (a) Each Party (in this Section, the "Indemnifying Party") agrees with the other Party (in this Section, the "Indemnified Party") to be responsible for the Contribution Amount of the Indemnifying Party in all of the debts, liabilities, obligations, duties, agreements and expenses arising from or incurred in connection with the Project, whether present or future, provided that such debts, liabilities, obligations, duties, agreements and expenses have been Approved by the Steering Committee or have been properly incurred pursuant to this Agreement, the Initial Development Management Agreement or the Development Management Agreement, including as may be payable or owed to a third party under Construction Contracts and Consulting Contracts (collectively, in this Section, the "Liabilities").
Right to Contribution. INDEMNITY In general, if any Tenant shall do something or neglect to do something which causes another Tenant in the same dwelling unit to bear more than his or her pro rata share of the monthly rent amount, extra rent, other rent, charges, services, fines, fees, repairs, maintenance, replacements, penalties, damages, costs or other expense, the first Tenant shall be liable to such other Tenant to the extent that the amount paid by such other Tenant exceeds his or her pro rata share. The right of such other Tenant to recover from the first Tenant in such a case shall be referred to herein as the “Right to Contribution.” If any Tenant shall do something or neglect to do something which causes another Tenant in the same dwelling unit to pay for any rent shortage (see Section 1.5 below), extra rent, other rent, late charge, service, fine, fee, repair, maintenance, replacement, penalty, damage, charge cost or other expense, which the other Tenant would not have normally been obligated to pay or pay for, the first Tenant shall be liable to such other Tenant to the full extent of the payment made or loss incurred by such other Tenant. The right of such other Tenant to recover from the first Tenant in such a case shall be referred to herein as the “Right to Indemnity.” This "Right to Contribution & Indemnity" (RRA, Article III, Section 1.4), may be modified by any subsequent agreement in writing between all Tenants in a particular dwelling unit. The provisions stated in this "Right to Contribution & Indemnity" (RRA, Article III, Section 1.4), and in other sections of this Agreement which are designed to create contractual obligations and duties among Tenants themselves shall not alter the joint and several liability of such Tenants to Landlord under the Lease Contract, the Rules & Regulations, or any other Lease Document.
Right to Contribution. Notwithstanding anything in this Agreement to the contrary, SFI (and/or its insurers) shall have the right to pursue a claim for contribution or indemnity against Galaxy to the extent of the proportion of damages found to be attributable to Galaxy's negligence for any Claim Indemnified by SFI following a judicial determination and exhaustion of all appeals. Notwithstanding anything in this Agreement to the contrary, Galaxy (and/or its insurers) shall have the right to pursue a claim for contribution or indemnity against SFI to the extent of the proportion of damages found to be attributable to SFI's negligence for any Galaxy Indemnified Claim following a judicial determination and exhaustion of all appeals.
Right to Contribution. If the Reviewing Party determines that any indemnification contemplated by this Agreement is not permitted under applicable law, CPP, in lieu of indemnifying Indemnitee, must make a proportionate contribute to the total amount of any and all Liabilities assessed against or incurred or paid by the Indemnitee on account of any Proceeding for which indemnification under this Agreement is not permitted (the “Contribution Base”). The amount of that contribution will be a portion of the Contribution Base determined to reflect the relative fault of CPP and all other parties to that Proceeding who may be at fault with respect to the matters addressed by that Proceeding that give rise to the Indemnitee’s obligation to pay the Contribution Base (collectively, the “Contributing Parties”). The relative fault of the Contributing Parties and the Indemnitee will be determined by reference to the relative fault of Indemnitee as determined by the court or other governmental agency assessing the Contribution Base, or if not apportioned, by the Reviewing Party after giving effect to, among other things, the relative intent, knowledge, access to information, conduct (active or passive) and opportunity to prevent or correct the subject matter of the Proceedings and other relevant equitable considerations of the Indemnitee and the Contributing Parties. Contribution required by this SECTION 7.1 may not be made on the basis of simple pro rata allocation or any other method of allocation that does not take account the relative fault of the Indemnitee and the Contributing Parties.
Right to Contribution. To provide for a just and equitable contribution among Borrowers and the Joinder Party, if any payment is made by Borrowers or the Joinder Party (such party, a "Funding Obligor") under the Loan Documents or this Joinder and Amendment in respect of the Loan, such Funding Obligor shall be entitled to a contribution from each other party for all payments, damages and expenses, incurred by such Funding Obligor under or in connection with the Loan, such contributions to be made in the manner and to the extent set forth below. Any amount payable as a contribution under the Loan Documents or this Joinder and Amendment shall be determined as of the date on which the related payment is made by a Funding Obligor.
