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 4.7: (i) any fault associated with the business conducted with the Delayed Enhabit Assets or Delayed Enhabit Liabilities (except for the gross negligence or intentional misconduct of a member of the Encompass Group) or with the ownership, operation or activities of the Enhabit Business prior to the Effective Time shall be deemed to be the fault of Enhabit and the other members of the Enhabit Group, and no such fault shall be deemed to be the fault of Encompass or any other member of the Encompass Group; (ii) any fault associated with the business conducted with Delayed Encompass Assets or Delayed Encompass Liabilities (except for the gross negligence or intentional misconduct of a member of the Enhabit Group) shall be deemed to be the fault of Encompass and the other members of the Encompass Group, and no such fault shall be deemed to be the fault of Enhabit or any other member of the Enhabit Group; and (iii) any fault associated with the ownership, operation or activities of the Encompass Business prior to the Effective Time shall be deemed to be the fault of Encompass and the other members of the Encompass Group, and no such fault shall be deemed to be the fault of Enhabit or any other member of the Enhabit Group.

Allocation of Relative Fault. Solely for purposes of determining relative fault pursuant to this Section 4.7: (i) any fault associated with the business conducted with the Delayed Enhabit Concentrix Assets or Delayed Enhabit Concentrix Liabilities (except for the gross negligence or intentional misconduct of a member of the Encompass SYNNEX Group) or with the ownership, operation or activities of the Enhabit Business prior to the Effective Time shall be deemed to be the fault of Enhabit Concentrix and the other members of the Enhabit Concentrix Group, and no such fault shall be deemed to be the fault of Encompass SYNNEX or any other member of the Encompass SYNNEX Group; (ii) any fault associated with the business conducted with Delayed Encompass SYNNEX Assets or Delayed Encompass SYNNEX Liabilities (except for the gross negligence or intentional misconduct of a member of the Enhabit Concentrix Group) shall be deemed to be the fault of Encompass SYNNEX and the other members of the Encompass SYNNEX Group, and no such fault shall be deemed to be the fault of Enhabit Concentrix or any other member of the Enhabit Concentrix Group; and (iii) any fault associated with the ownership, operation or activities of the Encompass SYNNEX Business prior to the Effective Time shall be deemed to be the fault of Encompass SYNNEX and the other members of the Encompass SYNNEX Group, and no such fault shall be deemed to be the fault of Enhabit Concentrix or any other member of the Enhabit Concentrix Group; and (iv) any fault associated with the ownership, operation or activities of the Concentrix Business prior to the Effective Time shall be deemed to be the fault of Concentrix and the other members of the Concentrix Group, and no such fault shall be deemed to be the fault of SYNNEX or any other member of the SYNNEX Group.

Allocation of Relative Fault. Solely for purposes of determining relative fault pursuant to this Section 4.7: (i) any fault associated with the business conducted with the Delayed Enhabit PayPal Assets or Delayed Enhabit PayPal Liabilities (except for the gross negligence or intentional misconduct of a member of the Encompass eBay Group) or with the ownership, operation or activities of the Enhabit PayPal Business prior to the Effective Time shall be deemed to be the fault of Enhabit PayPal and the other members of the Enhabit PayPal Group, and no such fault shall be deemed to be the fault of Encompass eBay or any other member of the Encompass eBay Group; (ii) any fault associated with the business conducted with Delayed Encompass eBay Assets or Delayed Encompass eBay Liabilities (except for the gross negligence or intentional misconduct of a member of the Enhabit PayPal Group) shall be deemed to be the fault of Encompass eBay and the other members of the Encompass eBay Group, and no such fault shall be deemed to be the fault of Enhabit PayPal or any other member of the Enhabit PayPal Group; and (iii) any fault associated with the ownership, operation or activities of the Encompass eBay Business prior to the Effective Time shall be deemed to be the fault of Encompass eBay and the other members of the Encompass eBay Group, and no such fault shall be deemed to be the fault of Enhabit PayPal or any other member of the Enhabit PayPal Group; and (iv) (iii) any fault associated with the ownership, operation or activities of the PayPal Business prior to the Effective Time shall be deemed to be the fault of PayPal and the other members of the PayPal Group, and no such fault shall be deemed to be the fault of eBay or any other member of the eBay Group.