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 GCP Assets or Delayed GCP Liabilities (except for the gross negligence or intentional misconduct of a member of the Grace Group) or with the ownership, operation or activities prior to the Effective Time of the GCP Business, the GCP Sold and Discontinued Businesses or a Legacy Sold and Discontinued Business constituting a GCP Asset shall be deemed to be the fault of GCP and the other members of the GCP Group, and no such fault shall be deemed to be the fault of Grace or any other member of the Grace Group, and (ii) any fault associated with the business conducted with Delayed Grace Assets or Delayed Grace Liabilities (except for the gross negligence or intentional misconduct of a member of the GCP Group) or with the ownership, operation or activities prior to the Effective Time of the Grace Business, the Grace Sold and Discontinued Businesses or a Legacy Sold and Discontinued Business constituting a Grace Asset shall be deemed to be the fault of Grace and the other members of the Grace Group, and no such fault shall be deemed to be the fault of GCP or any other member of the GCP Group.
Appears in 5 contracts
Samples: Separation and Distribution Agreement (W R Grace & Co), Separation and Distribution Agreement (GCP Applied Technologies Inc.), Separation and Distribution Agreement (GCP Applied Technologies Inc.)
