Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates, agents, contractors or other persons acting in concert with it.
Apportionment of Fault. Except for losses alleged or claimed by a customer of either Party and except as otherwise provided in specific appendices, in the case of any loss alleged or claimed by a third party arising out of the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation under this Section shall be limited to, that portion of the resulting expense caused by its own negligence or willful misconduct or that of its agents, servants, contractors, or others acting in aid or concert with it.
8.7.1 The Parties are not liable for any act or omission of Third Party Providers.
8.7.2 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege
Apportionment of Fault. If any Losses occur by reason of or result from the joint Fault of CPC and Fault of Maxygen, liability for such Losses under Section 7.1.1(a) or Section 7.1.1(b) shall be apportioned between CPC and Maxygen according to the percentage of Fault of CPC and Maxygen. This Section 7.1.2 shall apply even under circumstances where a Third Party bears a percentage of the fault.
Apportionment of Fault. If any Losses occur by reason of or result from the joint fault of Inpellis and BioChemics, liability for such Losses under 6.1 and 6.2 shall be apportioned between Inpellis and BioChemics according to the relative fault of Inpellis and BioChemics.
Apportionment of Fault. 82 26.6 Remedies........................................................................83
Apportionment of Fault. If any Losses occur by reason of or result from the joint Fault of Astellas and Fault of CPC, liability for such Losses under Section 8.5.1(a) or Section 8.5.1(b) shall be apportioned between Astellas and CPC according to the percentage of Fault of Astellas and Fault of CPC. This Section 8.5.2 shall apply even under circumstances where a Third Party bears a percentage of the fault.
Apportionment of Fault. If any Losses occur by reason of or result from the joint Fault of Astellas and Maxygen, absent the applicability of Section 12.5.2, liability for such Losses under Section 12.5.1(a) and Section 12.5.1(b) shall be apportioned between Astellas and Maxygen according to the percentage of Fault of Astellas and Maxygen. This Section 12.5.3 shall apply even under circumstances where a Third Party bears a percentage of the fault.
Apportionment of Fault. The arbitrators will apportion fault to all persons or entities that contributed to the injury claimed by the Patient, whether or not those persons or entities are parties to the arbitration.
