Apportionment of Damages Sample Clauses

Apportionment of Damages. In the event that any liability, damage, loss, cost or expense (including reasonable attorney's fees) as aforesaid cannot be established (with respect to final judgments of a court of competent jurisdiction from which no appeal is or can be taken as well as settlements made prior to, during or following termination of litigation to which the parties have expressly agreed in writing) to have resulted solely from the actions or failures to act of LipoMatrix or Distributor or their affiliates, responsibility for payment of such liability, damage, loss, cost or expense (including reasonable attorney's fees) will be apportioned between LipoMatrix and Distributor according to the contribution of either party to the damage; and if such allocation is not mutually agreed, then it will be determined by mandatory binding arbitration.

Apportionment of Damages. In the event that any liability, damage, loss, cost or expense (including reasonable attorney's fees) as aforesaid cannot be established to have resulted solely from the actions or failures to act of LipoMatrix or Collagen or their affiliates, responsibility for payment of such liability, damage, loss, cost or expense (including reasonable attorney's fees) will be apportioned between LipoMatrix and Collagen according to the contribution of either party to the damage and if such allocation is not mutually agreed then it will be determined by mandatory arbitration as provided in Section 14.

Apportionment of Damages. In the event that a Loss is caused in part by circumstances that would give rise to Seller’s obligation to indemnify under Section 10.2 and in part by circumstances that would give rise to Buyer’s obligation to indemnify under Section 10.3, the parties shall indemnify each other in proportion to their respective shares of responsibility. In such an instance the party with the largest share of responsibility shall be treated as the Indemnifying Party for the purposes of Section 10.6, with the costs of defense being shared proportionately.

Apportionment of Damages. If TRC incurs any losses or damages, including losses or liabilities to Client or any other party, arising out of or relating to Subcontractor’s failure to perform the Subcontract Work in compliance with the Subcontract Documents, then TRC will be entitled to recover from Subcontractor its share of such damages based on Subcontractor’s proportionate share of fault.

Apportionment of Damages. In any case in which liability and/or damages are not judicially apportioned between Partner and Group, each of said entities hereby agrees to contribute its share of any damage or settlements of claims the amount of which will correspond to the percentage of causal negligence attributable to the Parties’ respective entities, agents, employees and officers. Partner and Group further agree to make a good faith effort to achieve a mutually agreed upon apportionment of a liability of their respective entities, agents, employees and officers. It is further stipulated and agreed between the parties that in any case in which damages are not judicially apportioned and in which the parties are unable to reach a mutual Agreement with respect to the apportionment of liability and damages between the two entities, the parties will, with the consent of their respective insurance carriers, submit their dispute to arbitration in accordance with the rules and procedures of the American Arbitration Association.

Apportionment of Damages. Damages awarded for the taking or damaging of all or any part of the Premises shall belong to and be the property of Landlord, provided that Tenant shall be entitled to any portion of the award or payment attributable to Tenant’s unexpired Lease term. Nothing herein contained shall be construed as precluding Tenant from asserting any claim Tenant may have against the condemner for disruption or relocation of Tenant’s business on the Premises or the taking of any property belonging to Xxxxxx.