Common use of Allocation of Relative Fault Clause in Contracts

Allocation of Relative Fault. Solely for purposes of determining relative fault pursuant to this Section 4.07: (i) any fault associated with the business conducted with the Delayed Fortrea Assets or Delayed Fortrea Liabilities (except for the gross negligence or intentional misconduct of a member of the Labcorp Group) or with the ownership, operation or activities of the Fortrea Business prior to the Effective Time shall be deemed to be the fault of Fortrea and the other members of the Fortrea Group, and no such fault shall be deemed to be the fault of Labcorp or any other member of the Labcorp Group; (ii) any fault associated with the business conducted with Delayed Labcorp Assets or Delayed Labcorp Liabilities (except for the gross negligence or intentional misconduct of a member of the Fortrea Group) shall be deemed to be the fault of Labcorp and the other members of the Labcorp Group, and no such fault shall be deemed to be the fault of Fortrea or any other member of the Fortrea Group; and (iii) any fault associated with the ownership, operation or activities of the Retained Business prior to the Effective Time shall be deemed to be the fault of Labcorp and the other members of the Labcorp Group, and no such fault shall be deemed to be the fault of Fortrea or any other member of the Fortrea Group.

Allocation of Relative Fault. Solely for purposes of determining relative fault pursuant to this Section 4.074.7: (i) any fault associated with the business conducted with the Delayed Fortrea SpinCo Assets or Delayed Fortrea SpinCo Liabilities (except for the gross negligence or intentional misconduct of a member of the Labcorp Ventas Group) or with the ownership, operation or activities of the Fortrea SpinCo Business prior to the Effective Time shall be deemed to be the fault of Fortrea SpinCo and the other members of the Fortrea SpinCo Group, and no such fault shall be deemed to be the fault of Labcorp Ventas or any other member of the Labcorp Ventas Group; (ii) any fault associated with the business conducted with the Delayed Labcorp Ventas Assets or Delayed Labcorp Ventas Liabilities (except for the gross negligence or intentional misconduct of a member of the Fortrea SpinCo Group) shall be deemed to be the fault of Labcorp Ventas and the other members of the Labcorp Ventas Group, and no such fault shall be deemed to be the fault of Fortrea SpinCo or any other member of the Fortrea SpinCo Group; and (iii) any fault associated with the ownership, operation or activities of the Retained Ventas Business prior to the Effective Time shall be deemed to be the fault of Labcorp Ventas and the other members of the Labcorp Ventas Group, and no such fault shall be deemed to be the fault of Fortrea SpinCo or any other member of the Fortrea SpinCo Group.

Allocation of Relative Fault. Solely for purposes of determining relative fault pursuant to this Section 4.074.7: (i) any fault associated with the business conducted with the Delayed Fortrea SpinCo Assets or Delayed Fortrea SpinCo Liabilities (except for the gross negligence or intentional misconduct of a member of the Labcorp Rayonier Group) or with the ownership, operation or activities of the Fortrea SpinCo Business prior to the Effective Time shall be deemed to be the fault of Fortrea SpinCo and the other members of the Fortrea SpinCo Group, and no such fault shall be deemed to be the fault of Labcorp Rayonier or any other member of the Labcorp Rayonier Group; (ii) any fault associated with the business conducted with Delayed Labcorp Rayonier Assets or Delayed Labcorp Rayonier Liabilities (except for the gross negligence or intentional misconduct of a member of the Fortrea SpinCo Group) shall be deemed to be the fault of Labcorp Rayonier and the other members of the Labcorp Rayonier Group, and no such fault shall be deemed to be the fault of Fortrea SpinCo or any other member of the Fortrea SpinCo Group; and (iii) any fault associated with the ownership, operation or activities of the Retained Rayonier Business prior to the Effective Time shall be deemed to be the fault of Labcorp Rayonier and the other members of the Labcorp Rayonier Group, and no such fault shall be deemed to be the fault of Fortrea SpinCo or any other member of the Fortrea SpinCo Group.