Common use of Apportionment of Liability Clause in Contracts

Apportionment of Liability. (a) For the avoidance of doubt, where either or both of the User* or the Indemnifier* is liable to, or is to indemnify, the other Party* under this Contract*, the liability or indemnity owed by either or both of the User* or the Indemnifier* is limited to the proportion of the damage suffered by Western Power* as a consequence of the Default*, negligence or fraud of the either or both of the User* or the Indemnifier* giving rise to the liability or indemnity. (b) For the avoidance of doubt, where Western Power* is liable to, or is to indemnify, either or both of the User* or the Indemnifier* under this Contract*, the liability or indemnity owed by Western Power* is limited to the proportion of the damage suffered by either or both of the User* or the Indemnifier* as a consequence of the Default*, negligence or fraud of Western Power* giving rise to the liability or indemnity.