Common use of Alternative Contribution Clause in Contracts

Alternative Contribution. If the indemnification provided for in this Agreement is unavailable to the indemnified parties with respect to any of the claims referred to therein, then Contractor, in lieu of indemnifying the indemnified parties shall contribute to the amount paid or payable by the indemnified parties as a result of such claims arising in favor of any person, corporation or other entity including the parties hereto and their employees, contractors and agents and the indemnified parties, on account of personal injuries or death or damages to property in anywise incident to or in connection with or arising out of (a) this Agreement, (b) the presence of Contractor or its employees, contractors or agents on Company's Premises, or (c) the act or omission of Contractor, its employees or agents, in proportion to Contractor's relative fault in causing such claims. It is the intention of Contractor to contribute to the amount paid or payable by the indemnified parties pursuant to this provision regardless of whether the claims arise in part from the negligence of the indemnified parties or whether the indemnified parties are more than 50% at fault. Although Contractor is a subscriber under a worker's compensation act, disability act or other employee benefit act which would limit the amount or type of damages, compensation or benefits payable by or for Contractor, Contractor expressly assumes liability pursuant to this paragraph of any and all claims against the indemnified parties in such proportion as is appropriate to reflect Contractor's relative fault in causing such claims arising in favor of Contractor's employees and its employees' representatives and beneficiaries even if such claims arise in part from the negligence of the indemnified parties and even if the indemnified parties are more than 50% at fault. Although pursuant to Paragraph 22 hereof Contractor has caused the Company, its parent and affiliated companies to be named an additional insured under Contractor's policies of insurance, Contractor's liability under this Paragraph 21 shall not be limited to the liability limits set forth in such policies.

Alternative Contribution. If the indemnification provided for in this Agreement is unavailable to the indemnified parties with respect to any of the claims referred to therein, then Contractor, in lieu of indemnifying the indemnified parties shall contribute to the amount paid or payable by the indemnified parties as a result of such claims arising in favor of any person, corporation or other entity including any governmental agency or the parties hereto and their employees, contractors and agents and the indemnified parties, on account of personal injuries or death or damages to property in anywise incident to or in connection with or arising out of (a) this Agreement, (b) the presence of Contractor or its employees, contractors or agents on Company's Premises, or (c) the act or omission of Contractor, its employees or agents, in proportion to Contractor's relative fault in causing such claims. It is the intention of Contractor to contribute to the amount paid or payable by the indemnified parties pursuant to this provision regardless of whether the claims arise in part from the negligence of the indemnified parties or whether the indemnified parties are more than fifty percent (50% %) at fault. Although Contractor is a subscriber under a worker's compensation act, disability act or other employee benefit act which would limit the amount or type of damages, compensation or benefits payable by or for Contractor, Contractor expressly assumes liability pursuant to this paragraph of any and all claims against the indemnified parties in such proportion as is appropriate to reflect Contractor's relative fault in causing such claims arising in favor of Contractor's employees and its employees' representatives and beneficiaries even if such claims arise in part from the negligence of the indemnified parties and even if the indemnified parties are more than fifty percent (50% %) at fault. Although pursuant to Paragraph 22 21 hereof Contractor has caused the Company, its parent and affiliated companies Affiliates to be named an additional insured under Contractor's policies of insurance, Contractor's liability under this Paragraph 21 20 shall not be limited to the liability limits set forth in such policies.

Alternative Contribution. If the indemnification provided for in this Agreement is unavailable to the indemnified parties with respect to any of the claims referred to therein, then Contractor, in lieu of indemnifying the indemnified parties shall contribute to the amount paid or payable by the indemnified parties as a result of such claims arising in favor of any person, corporation or other entity including the parties hereto and their employees, contractors and agents and the indemnified parties, on account of personal injuries or death or damages to property in anywise incident to or in connection with or arising out of (a) this Agreement, (b) the presence of Contractor or its employees, contractors or agents on Company's Premises, or (c) the act or omission of Contractor, its employees or agents, in proportion to Contractor's relative fault in causing such claims. It is the intention of Contractor to contribute to the amount paid or payable by the indemnified parties pursuant to this provision regardless of whether the claims arise in part from the negligence of the indemnified parties or whether the indemnified parties are more than fifty percent (50% %) at fault. Although Contractor is a subscriber under a worker's compensation act, disability act or other employee benefit act which would limit the amount or type of damages, compensation or benefits payable by or for Contractor, Contractor expressly assumes liability pursuant to this paragraph of any and all claims against the indemnified parties in such proportion as is appropriate to reflect Contractor's relative fault in causing such claims arising in favor of Contractor's employees and its employees' representatives and beneficiaries even if such claims arise in part from the negligence of the indemnified parties and even if the indemnified parties are more than fifty percent (50% %) at fault. Although pursuant to Paragraph 22 21 hereof Contractor has caused the Company, its parent and affiliated companies to be named an additional insured under Contractor's policies of insurance, Contractor's liability under this Paragraph 21 20 shall not be limited to the liability limits set forth in such policies.