Common use of Apportionment of Costs Clause in Contracts

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. 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 claims or counter-claims that are not subject to indemnification, and the parties agree that they shall cooperate in good faith to fairly apportion the Damages Indemnified Losses relating to such Thirdclaims or counter-Party Claimsclaims. Damages Indemnified Losses 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 Indemnified Losses directly arise from such Third-Party Claim.