Apportionment of Costs. The Ministerial Council, after considering any recommendation by the Commission, must determine what contribution, if any, is to be made by any State becoming a party pursuant to clause 134 to the costs referred to in sub-clauses 65(2) and 65(3).
Apportionment of Costs. The parties recognize and acknowledge that Third-Party Claims may be made as part of an action, suit, investigation or proceeding that may give rise to the indemnification obligations of more than one party or that may include allegations that are not subject to indemnification, and the parties agree that they shall cooperate in good faith to fairly apportion the Damages relating to such Third-Party Claims. Damages incurred in defending Third-Party Claims shall be apportioned to the respective party who has responsibility for each specific Third-Party Claim, but only to the extent that those Damages directly arise from such Third-Party Claim.
Apportionment of Costs. In the event that one Party is responsible to the other Party hereunder with respect to the payment of or reimbursement for costs or expenses, such costs or expenses shall be reasonable under the circumstances and shall be actual and direct costs or expenses only, and, if requested, the charging Party shall provide appropriate non-proprietary documentation to the extent available. In the event that Licensee and others utilizing Licensor’s facilities are jointly obligated to Licensor, the Licensee shall be responsible only for its proportionate share of costs and expenses based upon the total number of users and the amount of equipment placed on the Licensor’s facilities.
Apportionment of Costs. Except as otherwise specifically provided in this Agreement, each party will be responsible for all fees, costs and expenses which it incurs in connection with the negotiation, execution, delivery and performance of this Agreement and the transactions contemplated hereby.
Apportionment of Costs. The Parties recognize and acknowledge that third-party claims may be made as part of an action, suit, investigation or proceeding that may give rise to the indemnification obligations of more than one (1) Party as set forth in Section 16.1 (Indemnification of Bank by EFS) and 16.2 (Indemnification of EFS by Bank), or that may include allegations that are not subject to indemnification, and the Parties agree that they shall cooperate in good faith to fairly apportion the Indemnified Losses relating to such third-party claims. Indemnified Losses incurred in defending third-party claims shall be apportioned to the respective Party that has responsibility for each specific third-party claim as set forth in Section 16.1 (Indemnification of Bank by EFS) and 16.2 (Indemnification of EFS by Bank), but only to the extent that those Indemnified Losses directly arise from such third-party claim.
Apportionment of Costs. Permitted Costs incurred by or on behalf of the Insured with the written consent of the Insurers, and for which the Insured is not covered by the Primary and Underlying Excess Insurers, shall be apportioned as follows:
(a) Should any claim or claims be resolved prior to the commencement of trial for not more than the Primary and Underlying Excess Limit(s), then no Permitted Costs shall be payable by the Insurers.
(b) Should, however, the amount for which the said claim or claims may be resolved exceed the Primary and Underlying Excess Limit(s), then the Insurers, if they consent to the proceedings continuing, shall contribute to the Permitted Costs incurred by or on behalf of the Insured in the ratio that the amount they are liable to pay in respect of the Ultimate Net Loss bears to the whole amount of the Ultimate Net Loss. In the event that the Insured elects not to appeal a judgement in excess of the Primary and Underlying Excess Limit(s) the Insurers may elect to conduct such appeal at their own cost and expense and shall be liable for the taxable or assessable court costs and interest incidental thereto, but in no event shall the total liability of the Insurers exceed the Limit of Liability under this policy as provided for herein, plus the expenses of such appeal. Once the applicable Limits of Liability of this policy have been exhausted by payment of judgements or settlements then the Insurers’ obligations under this policy shall have been fully discharged, and they shall not have any further obligation to investigate, negotiate, settle or otherwise dispose of any claim or suit made or brought against the Insured, or to pay for the expenses thereof, or to pay on behalf of the Insured any claim or judgment, or to reimburse the Insured for any of its expenses incurred in connection with any claim or suit.
Apportionment of Costs. The estimated Agreement cost of the work described herein and as shown on Exhibit "B" is $6,191. The State agrees to reimburse the Company for all such costs eligible for reimbursement under this Agreement.
Apportionment of Costs. The costs of arbitration will be apportioned by the Arbitrator in its award in such manner as the Arbitrator deems just and reasonable taking into account the circumstances of the dispute, the conduct of the parties during the arbitration proceeding and the result of the arbitration. Any costs of arbitration that must be paid prior to the Arbitrator's award will be borne by the parties equally, without prejudice to the final apportionment of such costs by the Arbitrator.
Apportionment of Costs. PART VII
Apportionment of Costs. Pursuant to RSA 53-A:11 (d), the Towns agree that they will apportion costs of the service as based on the ratio of each Town’s number of calls to the total number of calls for the preceding three (3) calendar years in which data is available for the two towns.
