Common use of Relative Fault Clause in Contracts

Relative Fault. The relative fault of the Company, the Selling Agent and the Participating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company, Company and the Selling Agent and the Participating Broker-DealerAgent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectivelyAgent, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company, the Selling Agent Company and the Participating Broker-DealerPlacement Agent, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company, by the Selling Agent or by the Participating Broker-Dealer, respectivelyPlacement Agent, and the parties’ ' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.