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. (c) For the purposes of the application of the indemnity given by the Indemnifier under clause 19.2(b): (i) clause 19.8(a) may apply to reduce the User’s liability to Western Power and, consequently, the amount of liability for which the Indemnifier must indemnify Western Power; (ii) except as provided in clause 19.8(c)(i), clause 19.8(a) does not apply to reduce the Indemnifier’s indemnification obligation.

Appears in 2 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract

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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. (c) For the purposes of the application of the indemnity given by the Indemnifier under clause 19.2(b): (i) clause 19.8(a) may apply to reduce the User’s liability to Western Power and, consequently, the amount of liability for which the Indemnifier must indemnify Western Power; (ii) except as provided in clause 19.8(c)(i), clause 19.8(a) does not apply to reduce the Indemnifier’s indemnification obligation.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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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. (c) For the purposes of the application of the indemnity given by the Indemnifier under clause 19.2(b): (i) clause 19.8(a) may apply to reduce the User’s liability to Western Power and, consequently, the amount of liability for which the Indemnifier must indemnify Western Power; (ii) except as provided in clause 19.8(c)(i), clause 19.8(a) does not apply to reduce the Indemnifier’s indemnification obligationobligation under clause 19.2(b).

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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