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.

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

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